Income Tax Act, 1961 – Section 148 — Notice — Amalgamation of Companies — Legal principle — Approved scheme of amalgamation results in cessation of existence of amalgamating entity — Notices issued post amalgamation in the name of amalgamating company lack jurisdiction.
Maruti Suzuki India Ltd., Adani Wilmar Ltd., Inox Wind Energy Ltd. — Estab...
Principles of Natural Justice – Opportunity of Personal Hearing – Violation – Writ Petition filed to set aside a demand order issued under the CGST Act raising a total demand against the petitioner. Petitioner contends that the impugned order was passed in gross violation of principles of natural justice as it was passed without affording an opportunity of personal hearing. [Para...
Foreign Exchange Regulation Act, 1973 (FERA) – Sections 9(1)(b) and 9(1)(d) – Violation of – Seizure of cash from petitioner’s cloth store – Show Cause Notices issued alleging contravention of FERA provisions – First Show Cause Notice set aside in appeal – Second Show Cause Notice issued after the first one was set aside – No substantial evidence to ...
Kerala Building Tax Act – Exemption for buildings used principally for religious, charitable, or educational purposes – Interpretation of the phrase “charitable purpose” in relation to medical relief – Whether free medical relief is the only form of medical relief that qualifies as a charitable purpose – Previous judgments in SH Medical Centre Hospital v. State ...
Income Tax - Assessment Year 1995-1996 - Appellants were engaged in the transportation business and were found to be in possession of bitumen without proper documentation - Assessing Officer treated the value of the bitumen as unexplained money and made additions to the appellant's income under Section 69A of the Income Tax Act - Commissioner of Appeals deleted the addition - High Court revers...
Sales Tax - Exemption - Amendment to definition of "manufacture" - Claim for exemption from payment of sales tax after amendment excluding "tea blending" from the definition of "manufacture" - Court's analysis of the relevant provisions and submissions of the parties - Appellants' contention on legitimate expectation and promissory estoppel - Court's rejec...
Background: The present appeal was filed against the judgment and order passed by the High Court and ITAT in a tax dispute between the appellant (Commissioner of Income Tax, Mumbai) and the respondent (Kunal Constructions) relating to the nature of a certain transaction in the assessment year 2010-11.
Issue: Whether the transaction in question was a sale of capital assets or a sale of stock in ...
Value Added Tax - Deductions in Works Contracts - Section 36 of Haryana Value Added Tax Act - Appeal by revenue against Tribunal's order allowing deductions for depreciation on plant and machinery, financial expenses, and other related expenses - Tribunal upheld deductions allowed by assessing officer for expenses including depreciation, bank interest, postage, telephone, fuel, and lubricants ...
Goods and Services Tax (GST) - Refund claim - Seizure of documents and electronic gadgets - Petitioner sought direction to refund amount and supply copy of Panchnama and seized items - Petitioner contended that the amount was voluntarily deposited and no notice under Section 74(1) of CGST Act was served - Respondents argued that investigation was ongoing and no show cause notice had been issued - ...
Income Tax Act, 1961 - Section 4A(b) - Control and management of company - Determination - Principles of law - Control and management must be de facto and not merely theoretical - Domicile or registration of the company irrelevant - Determining factor is where the sole right to manage and control lies. [Para 8]
Income Tax Act, 1961 - Section 147/148 - Reassessment - Escaped income - A...