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Archive: 27 January 2022

Posts in 27 January 2022

Appellant entitled to refund of CENVAT credit held to be admissible which was earlier reversed at the instance of Dept.

January 27, 2022 726 Views 0 comment Print

Agasti SSK Ltd. Vs Commissioner of Central Excise & Service Tax, Nashik (CESTAT Mumbai) Brief background of this case is that CENVAT credit taken against manufacture of bagasse and press mud during sugar manufacturing process but was reversed at the instance of the Deptt was held to be admissible by the Commissioner (Appeals) in his […]

Tenancy Transfer not Amounts to Creation of New Tenancy: Bombay HC

January 27, 2022 5334 Views 0 comment Print

Alice Realties Pvt. Ltd. Vs State of Maharashtra (Bombay High Court) 1. Rule. Respondents waive service. By consent, Rule is made returnable forthwith, and the petition is taken up for hearing and final disposal. 2. There is an Affidavit in Reply dated 31st December 2021 of one Nilesh B Suryawanshi, Resident Executive Engineer of the […]

HC should Exercise jurisdiction under Article 226 on sound judicial principles

January 27, 2022 4752 Views 0 comment Print

LNJ Power Ventures Ltd. Vs Rajasthan Electricity Regulatory Commission (Rajasthan High Court) a) Exercise of jurisdiction of the High Courts under Article 226 of the Constitution of India is no doubt discretionary, but the discretion must be exercised on sound judicial principles. (b) High Courts while exercising its jurisdiction under Article 226 of the Constitution […]

HC can review the decision to issue Look Out Circular (LOC)

January 27, 2022 7032 Views 0 comment Print

Vikas Chaudhary Vs Union of India (Delhi High Court) Having noted the relevant extracts of both the OM dated 27.10.2010 and the OM dated 05.12.2017, I may deal with the first issue as to whether the Court can interfere with the issuance of a Look Out Circular (LOC). In my view, even though the respondents […]

GST: Provisional attachment ceases to have effect upon expiry of period of one year

January 27, 2022 897 Views 0 comment Print

Futurist Innovation & Advertising Vs Union of India And Others (Bombay High Court) Hon’ble Supreme Court in case of Radha Krishan Industries (supra) has dealt with this issue in detail and has approved the decision taken by Gujarat High Court in case of Valerius Industries Vs. Union of India. It is held by the Hon’ble […]

HC disapproves provisional attachment of goods, stock & receivables

January 27, 2022 1833 Views 0 comment Print

Utkarsh Ispat LLP Vs State of Gujarat (Gujarat High Court) In the case on hand, HC do not approve the provisional attachment of the goods, stock and receivables, more particularly, when the entire stock and receivables have been pledged and a floating charge has been created in favour of the Kalupur Commercial Bank Limited for […]

Procedures for application for Tariff Rate Quota under FTA/CECA for FY2022-23

January 27, 2022 2313 Views 0 comment Print

Reference is invited to para 2.107 of the HBP, wherein the details of allocation of Tariff Rate Quota (TRQ) under various FTA/CECA are notified. The procedure for application of TRQ has been laid down in Annexure I, II and III of Appendix 2A of the Handbook of Procedures.

80(2)(d) cannot be invoked to co-op banks unless they have RBI license

January 27, 2022 2808 Views 0 comment Print

V.K. Natha co-operative Vs ACIT (ITAT Mumbai) Ld. Counsel of the assessee submitted that the issue involved in these appeals related to treatment of interest received by co-operative societies from other co-operative societies including cooperative bank under section 80P(2)(d). He submitted that the issue is squarely covered in favour of the assessee by the decision […]

Sebi Bans 14 Entities In Lux Industries Insider Trading Case

January 27, 2022 2652 Views 0 comment Print

In Re Udit Todi & 13 Others (Securities and Exchange Board of India)  Capital markets regulator Sebi on Monday barred 14 entities for indulging in insider trading and ordered impounding ill-gotten gains of Rs 2.94 crore in the matter of Lux Industries Ltd. FULL TEXT OF THE ORDER OF SECURITIES AND EXCHANGE BOARD OF INDIA […]

Covid 19- State and UTs need to exercise caution and vigilance -MHA

January 27, 2022 963 Views 0 comment Print

Kindly refer to the Ministry of Home Affairs’ (MHA) Order of even number issued today, vide which MHA Order dated 27.12.2021 issued to ensure compliance to the normative framework for taking evidence based COVID-19 containment measures, has been extended upto 28.02.2022.

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