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Search Results for "tax refund taxation"

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High Court

Supreme Court Allows Union's Appeals in Advance Authorization IGST Exemption Case. The Court upholds the pre-import condition as a valid policy measure to prevent double benefit and cash blockage, reversing the Gujarat High Court's decision.

10 Oct 2024

The case involves appeals by the Union of India against a Gujarat High Court judgment that set aside the mandatory 'pre-import condition' for claiming...

High Court

Bombay High Court Quashes LBT Assessment Orders for Violation of Natural Justice and Lack of Jurisdiction. Assessment Orders Passed Without Proper Show Cause Notice and Without Considering Objections Violate Principles of Natural Justice Under Maharashtra Municipal Corporation Act.

10 Aug 2023

The petitioner, Kokuyo Camlin Ltd., filed two writ petitions under Article 226 of the Constitution of India challenging two assessment orders dated 13...

High Court

Bombay High Court Allows Writ Petition Challenging Condition No. 5 of NOCs for Redevelopment Projects — Condition Imposing Payment of Expenditure Incurred by Board Held Unauthorized and Without Legal Basis. Court directs refund of amounts paid under protest pursuant to the impugned condition.

23 Nov 2022

The Petitioner, Chandulal Jorawarmal Mehta, a sole proprietor of Mehta Developers, filed a Writ Petition under Article 226 of the Constitution of Indi...

High Court

Bombay High Court Quashes Assessment Orders Against Former Directors in GST Case — Personal Liability Cannot Be Imposed Without Shedding Corporate Veil. Directors Who Resigned Prior to Tax Period Cannot Be Held Liable for Company's Tax Dues Under MGST Act, BST Act, and CST Act Without Lifting Corporate Veil.

22 Aug 2022

The petitioners, Mukesh D. Ramani, Satish D. Sanghavi, and Prakash D. Sanghavi, were former directors of Twin City Organics Pvt. Ltd. They filed writ ...

High Court

Bombay High Court Allows GST Refund Claim for Export of Services, Holds That Unjust Enrichment Provisions Do Not Apply When Tax Incidence Is Not Passed On to Any Person in India. The Court interpreted Section 54(8)(d) of CGST Act, 2017 and held that in case of export of services, the foreign client is not a 'person' for the purpose of unjust enrichment, and the refund cannot be rejected on that ground.

9 Jun 2022

The petitioner, Jar Productions Private Limited, is a company incorporated under the Companies Act, 2013, engaged in providing production services to ...

High Court

Bombay High Court Allows Writ Petitions Challenging Reassessment Notices Under Income Tax Act — Notices Issued Beyond Six-Year Limitation Period Without Proper Sanction Are Invalid. Reassessment notices for assessment years 2008-09, 2009-10, and 2010-11 quashed as time-barred under Section 149 and for lack of proper sanction under Section 151 of the Income Tax Act, 1961.

13 Aug 2021

The petitioner, Mohandas Isardas Chatlani, filed three writ petitions challenging reassessment notices issued under Section 148 of the Income Tax Act,...

Supreme Court

Supreme Court Allows Appeal in GST Provisional Attachment Case, Reversing High Court's Dismissal on Maintainability Grounds. The High Court Erred in Dismissing Writ Petition Solely Due to Alternative Remedy Under Section 107 of the Himachal Pradesh Goods and Services Tax Act, 2017, Without Examining Merits of Provisional Attachment Orders Under Section 83.

20 Apr 2021

The appeal arose from a judgment dated 1 January 2021 by the High Court of Himachal Pradesh, which dismissed a writ petition under Article 226 of the ...

High Court

Bombay High Court Dismisses Challenge to Maharashtra Tax on Lotteries Act, 2006 — Lottery Tickets Held to Be Goods Taxable Under State Sales Tax. Sub-distributor of Arunachal Pradesh and Nagaland lotteries fails to prove Act ultra vires; court rules that sale of lottery tickets within Maharashtra is taxable under Entry 54 List II.

2 Nov 2018

The petitioner, a proprietor of Sri Mangal Murti Marketing, carrying on business as a sub-distributor of State-organized lotteries of Arunachal Prades...

High Court

Bombay High Court Allows Petitions Challenging Levy of Entry Tax on Natural Gas Under Maharashtra Entry Tax Act, 2002 — Holds That Natural Gas Is Not 'Goods' for Entry Tax Purposes When Supplied Through Pipelines

27 Jul 2018

The judgment concerns four writ petitions filed by companies (Deepak Fertilisers and Petrochemicals Corporation Ltd., Smartchem Technologies Ltd., Emp...

High Court

High Court of Karnataka Allows Appeal in Income Tax Case Due to Non-Application of Mind by ITAT — Reassessment Based on Revised Return Under Immunity Scheme Held Invalid Without Proper Examination of Section 143(1) Acceptance. The court held that the Assessing Officer must have independent reasons to believe income escaped assessment, and the revised return under the Immunity Scheme could not be the sole basis for reopening under Section 147 of the Income Tax Act, 1961.

20 Apr 2015

The case pertains to an appeal filed by the assessee, Sri K Nagesh, against the order of the Income Tax Appellate Tribunal (ITAT), Bangalore, dated 29...

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