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Archive: April, 2022

Posts in April, 2022

Arbitrator Appointment cannot be challenged under Section 14 of A&C Act

April 6, 2022 4323 Views 0 comment Print

Sacheerome Advanced Technologies (SAT) Vs NEC Technologies Pvt. Ltd. (NECI) (Delhi High Court) In the present case, the petitioner did not make any application challenging the appointment of learned Arbitrator under Section 13 of the Arbitration and Conciliation Act, 1996 (A&C Act); it filed an application styled as under Section 16 read with Section 14(1)(a) […]

Sale deed executed without authorisation in Power of Attorney is invalid: SC

April 6, 2022 5691 Views 0 comment Print

Mrs. Umadevi Nambiar Vs Thamarasseri Roman Catholic Diocese (Supreme Court of India) As a matter of plain and simple fact, deed of Power of Attorney did not contain a clause authorizing the agent to sell the property though it contained two express provisions, one for leasing out the property and another for executing necessary documents […]

HC restrains use of mark ‘Evening Moment’ which is similar to trademark ‘Magic Moment’

April 6, 2022 975 Views 0 comment Print

Radico Khaitan Limited Vs Sarao Distillery (OPC) Pvt. Ltd (Delhi High Court) The present injunction application has been filed seeking ad interim injunction in respect of the use of the mark ‘EVENING MOMENT’ by the Defendants, which is deceptively similar to the Plaintiff’s mark ‘MAGIC MOMENTS’ registered in Class 33 for alcoholic beverages. A perusal […]

Unmarried Daughter Can Claim Marriage Expenses from Parents Hindu Law

April 6, 2022 11007 Views 0 comment Print

Rajeshwari Vs Bhunu Ram (Chhattisgarh High Court) Section 20 of the Hindu Adoptions and Maintenance Act, 1956 speaks about the maintenance of children and aged parents. Sub section(3) of Section 20 causes obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried, as the case may […]

HC quashes Reassessment notice & Proceeding based on wrong premises

April 6, 2022 1197 Views 0 comment Print

Realization Stock & Equity Pvt. Ltd. Vs. ITO (Calcutta High Court) One of the reasons for reopening of assessment is that no regular assessment under Section 143 (3) of the Act was made in the instant case and even in the last paragraph of the said reason again it has been recorded again that no […]

HC admits Petition for not processing GST TRAN-1 despite its order

April 6, 2022 1344 Views 0 comment Print

Respondents were directed to either re-open the online portal so as to enable the Petitioners to file TRAN-I form electronically for claiming tax credit or to accept the same manually on or before 30.06.2021 and process the same in accordance with law.

Delayed submission of special resolution altering MOA- MCA imposes penalty

April 6, 2022 1179 Views 0 comment Print

The order states that the members of the company had passed a special resolution to alter the main objects clause of the Memorandum of Association at an Extraordinary General Meeting held on January 30, 2021. As per Section 117 of the Companies Act, 2013, the resolution was required to be filed within 30 days. However, the company filed the required form, MGT-14, with a delay of 261 days.

CESTAT issues notice for Contempt of Court to CGST Commissioner

April 6, 2022 2769 Views 0 comment Print

Porteck India Info Services Pvt. Ltd. Vs Commissioner of Central Goods & Service Tax & Central Excise (CESTAT Delhi) CESTAT finds that the action of the Asstt. Commissioner, of issuing of fresh show cause notice, instead of granting refund, in terms of Final Order of this Tribunal amounts to interference in the justice delivery system. […]

Pune district court grants Bail to Tax consultant in GST ITC Scam

April 6, 2022 2082 Views 0 comment Print

The applicant in spite of being a Tax consultant, he has deliberately indulged in the issuance of fake invoices to pass the illegal Input Tax Credit to the end­users and thus defrauded the Govt. Exchequer from its huge legitimate GST revenue.

Opportunity of hearing under GST must before imposing any Tax/Penalty or taking adverse decision

April 6, 2022 4746 Views 0 comment Print

Sree Constructions Vs Assistant Commissioner (ST) (Andhra Pradesh High Court) Sub- Section (4) of Section 75 of CGST Act, reads as under:- ‘An opportunity of hearing shall be granted where a request is received in writing from the person chargeable with tax or penalty, or where any adverse decision is contemplated against such person.’ It […]

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