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Archive: 27 September 2021

Posts in 27 September 2021

Writ Jurisdiction Under Article 226 Cannot Be Invoked If Petitioner Suppressed Material Facts: Bombay HC

September 27, 2021 3393 Views 0 comment Print

Sai Agencies Vs State of Maharashtra (Bombay High Court) Principles of law interpreted in the Reported Judgment of Sai Agencies Versus State of Maharashtra & Ors. (Writ Petition No. 2067 of 2021) 1. That the Courts shall not ordinarily test the opinion of the experts unless their decision is totally arbitrary or unreasonable. The Courts […]

Coal Scam Case: CBI convicts 5 including a CA

September 27, 2021 1767 Views 0 comment Print

Central Bureau of Investigation (CBI) Vs DOMCO Pvt. Ltd. (District and Sessions Judge cum Special Judge PC Act CBI, Rouse Avenue) 1. Chargesheet: – A-1 company had given applications dated NIL to Ministry of Coal (hereinafter referred as MoC) and Ministry of Steel (hereinafter referred as MoS) for captive coking block mentioning that the company […]

Importance of appellate remedy, at no circumstances, be undermined: HC

September 27, 2021 630 Views 0 comment Print

First Appellate Authority under TNVAT Act cannot travel beyond subject matter of assessment – Saint Gobain Glass India Ltd. Vs Appellate Joint Commissioner (CT) (Madras High Court)

NI Act | Section 139 Presumption if signature on cheque is admitted

September 27, 2021 31884 Views 0 comment Print

Supreme Court has observed that if the signature on the cheque is admitted, then presumption under Section 139 of the Negotiable Instruments Act that the cheque was issued in discharge of a legally enforceable debt will be raised. Upon such presumption being raised, it is incumbent upon the accused to rebut the same.

DGTR recommends anti-dumping duty on imports of Caprolactam

September 27, 2021 1677 Views 0 comment Print

Authority recommends imposition of the anti-dumping duty equal to the lesser of the margin of dumping and the margin of injury so as to remove the injury to the domestic industry. The Authority, therefore, considers it necessary to recommend imposition of the definitive anti-dumping duty equal to the amount mentioned in the column (7), on […]

DGTR recommends anti-dumping duty on imports of HFC Blends

September 27, 2021 1371 Views 0 comment Print

Imports of Hydrofluorocarbon (HFC) Blends – Authority recommends imposition of anti-dumping duty equal to the lesser of the margin of dumping and the the margin of injury, so as to remove the injury to the domestic industry. Accordingly, the Authority recommends imposition of the antidumping duty on the imports of subject goods, originating in or […]

DGTR investigation reveals dumping of ‘Calcined Gypsum Powder’

September 27, 2021 2877 Views 0 comment Print

Having regard to the contentions raised, information received, submissions made and facts available before the Authority as recorded in these findings and on the basis of the determination of dumping and consequent injury to the domestic industry made hereinabove, the Authority concludes that: a. The product under consideration has been exported from the subject countries […]

Authorities shall provide opportunity of hearing before arriving at any figure in demand Notice

September 27, 2021 1773 Views 0 comment Print

In present facts of the case, the Hon’ble High Court quashed the recovery Notice issued by SEBI as no opportunity of hearing was provided to the petitioner and no mechanism/ calculation was provided by the recovery officer on the basis of which demand could be sustained.

Ever-Evolving Government e-Marketplace (GeM): Opportunities & Challenges

September 27, 2021 4779 Views 0 comment Print

Introduction GeM is a dynamic, self-sustaining and one-stop e-Marketplace to facilitate on-line procurement of common use Goods & Services required by various Government Departments / Organizations / Public Sector Undertakings and other apex autonomous bodies of the Central Government. Through the platform, the government aimed to create transparency, boost efficiency, and centralise the procurement process, […]

Penalty not justified merely for mentioning document No. instead of Invoice No. in E way bill

September 27, 2021 996 Views 0 comment Print

Neelmetal Products Ltd. SIDCUL Pantnagar Vs Commissioner State Tax (Joint Commissioner (Appeal), State Tax, Haldani) Penalty not justified where E way bill was generated against Invoice Number instead of Bill of Entry- Uttarakhand Appellate Authority Uttarakhand GST Appellate authority sets aside penalty order under section 129 for clerical error in e waybill. In the E […]

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