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Archive: 08 May 2022

Posts in 08 May 2022

Simple Aluminium Plates’ classifiable under CTH 76061200

May 8, 2022 396 Views 0 comment Print

CESTAT Bangalore ruling on aluminum classification. Commissioner’s order final. Analysis of Alufit India vs. Commissioner of Customs case.

Clerical Mistake In Audit Report Form 10B Can Be Rectified

May 8, 2022 5790 Views 0 comment Print

Desh Bharti Public School Samiti Vs AO/DCIT (ITAT Lucknow) We find that it is undisputed fact that assessee got registration u/s.12A of the Act w.e.f. 1.4.2013 vide order dated 2.9.2014, a copy of such registration certificate is placed in P.B. pg.24. It is also an undisputed fact that assessee in the earlier years has been […]

IBC is not For Money Recovery Proceedings: SC

May 8, 2022 5436 Views 0 comment Print

Invent Asset Securitisation And Reconstruction Pvt. Ltd. Vs Girnar Fibres Ltd (Supreme Court of India) Time and again, it has been expressed and explained by this Court that the provisions of the Code are essentially intended to bring the corporate debtor to its feet and are not of money recovery proceedings as such. The intent […]

Advertisement Tax levied by Municipal Corporation not Conflicts with GST

May 8, 2022 3255 Views 0 comment Print

It is declared that there is no conflict between the power to levy GST under GST Act and power of Municipal Corporation to levy advertisement fee or advertisement tax under Section 134 of the Karnataka Municipal Corporations Act.

GST: Compliance of necessary ingredients/conditions of Section 83 is sine qua non

May 8, 2022 501 Views 0 comment Print

Union of India Vs Anandbhavan Properties (Karnataka High Court) It is trite that when the Act specifically provides the requirements for invoking Section 83, it has to be strictly adhered to. Merely referring to the letter which indeed does not refer to section 74, it cannot be presumed that such proceedings under Section 74 of […]

Insurance Company Not Liable for compensation If terms & conditions of policy breached

May 8, 2022 2190 Views 0 comment Print

United India Insurance Co Ltd Vs Sri Rama Swamy (Telangana High Court) In the order under challenge the Commissioner held that the claimants in this appeal are the husband and minor son of deceased. She met with an accident while she was returning from work along with other labourers and subsequently she died while undergoing […]

Interest Free Security Deposit towards advance license fee is Operational Debt

May 8, 2022 1680 Views 0 comment Print

It is for the Appellant to take remedies out of the Agreement and it is open for the parties to take legal proceedings as permitted in law. In view of the fact that the payment made was initially towards the advance license fee it was an operational debt, the Adjudicating Authority has rightly admitted the application under Section 9.

In case of violation of principles of natural justice, the availability of appellate remedy does not bar maintainability of writ petition

May 8, 2022 1716 Views 0 comment Print

When there is a violation of the principles of natural justice, the availability of an appellate remedy does not bar the maintainability of a writ petition.

Territorial Jurisdiction of NCLT cannot Be taken away by Agreement between Parties

May 8, 2022 606 Views 0 comment Print

NCLAT Delhi dismisses appeal, upholding the jurisdiction of NCLT, Principal Bench at New Delhi, in admitting Section 7 Application under the Insolvency and Bankruptcy Code.

In absence of doubt Birth Certificate Issued by Municipal Authority must be given Eminence

May 8, 2022 2322 Views 0 comment Print

Ravi alias Rabbu son of Radhey Shyam Vs State of Haryana (Punjab & Haryana High Court) Even though there would be no dispute with respect to the proposition of law laid down by the Hon’ble Apex Court and relied upon by learned counsel appearing on behalf of the petitioner that a birth certificate issued by […]

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