Interest on Compensation – Land Acquisition Act, 1894 – Examination of taxability of interest earned on compensation or enhanced compensation ordered under Land Acquisition Act, 1894 – Question of whether such interest falls under Income Tax Act, 1961 provisions [Paras 1, 18]. Income Tax Appellate Tribunal (ITAT) Decision – Reversed by High Court – ITAT deleted add...
Quashing of Section 153C Notices – Writ Petitions challenging validity – Notices under Section 153C of the Income Tax Act, 1961 quashed for most petitioners - Held – Notices unsustainable when no incriminating material related to assessment years in question found during search - Section 153C empowers reopening of six assessment years immediately preceding year of search, subject...
Section 138 of the Negotiable Instruments Act (N.I. Act) – Petitioner challenges the judgment and order of conviction and sentencing by the lower courts – Petitioner alleged to have borrowed a sum of Rs. 8,00,000/- from the complainant and issued three cheques which were dishonored – Trial court convicted the petitioner, and the appellate court affirmed the judgment – Petit...
Procedural Violation in Show-Cause Notice – Appellant contested the show-cause notice issued by the WBGST Authorities on the grounds of procedural violations and denial of credit without verification from the supplier’s end – High Court found the show-cause notice and subsequent order denying Input Tax Credit (ITC) to the appellant as procedurally flawed and lacking jurisdiction&...
Trustees' Compensation for Relinquishing Trusteeship - Amounts received by trustees of Carmel Educational Trust for relinquishing their trusteeship not considered capital receipts for tax purposes - These amounts treated as individual income and assessed under appropriate head - Trust deed does not authorize trustees to relinquish positions for consideration [Para 8]. Construction...
Misconduct and Disciplinary Action – Petitioner faced charges of unauthorized absence, misbehaviour, and irregularities, leading to suspension and disciplinary action including barring of increments – Original application to KAT challenging the penalty imposed was dismissed. [Paras 2, 3] Judicial Review of Tribunal's Order – Petitioner sought High Court intervent...
Taxation Law - Jurisdiction and Authority of Central Excise Officers – Service Tax Assessment - The High Court of Kerala, in W.P.(C) Nos. 30147/2022 and 3611/2024, examined the issue of jurisdiction and authority of officers of the Directorate General of GST Intelligence to issue show cause notices under Section 73 of the Finance Act 1994. The petitioner contended that the notices issued wer...
GST Return and Late Fee – GST Amnesty Scheme – Interpretation – Writ Petitions challenging late fee for belated filing of GSTR-9C – Petitioners filed GSTR-9 returns belatedly, paid late fees as per Section 47 of the CGST/SGST Acts – Government introduced Amnesty Scheme waiving late fee beyond Rs. 10,000 for non-filers of GSTR-9 for FYs 2017-2018 to 2019-2020 – C...
Income Tax Appeal – Double Taxation – Unaccounted income admitted by the flagship company (Surya Food &Agro Ltd.) and disclosed before the Settlement Commission – Investment of the same undisclosed income as share capital in respondent companies forming part of the Priya Gold Group – Whether the same undisclosed income can be subjected to taxation again in the hands of ...
Negotiable Instruments Act, 1881 - Section 138 - Expeditious Trial - Application under Section 482 Cr.P.C. seeking direction for expeditious conclusion of trial - Complaint filed in 2021 but trial not concluded - Emphasis on statutory mandate under Section 143(2) and 143(3) N.I. Act for day-to-day trial and conclusion within six months - Apex Court directions in Indian Bank Association v. Union of...
