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Archive: 14 September 2022

Posts in 14 September 2022

Cheque Bounce Case- Sole Proprietor alone cannot be sued

September 14, 2022 20052 Views 0 comment Print

In cheque Bounce case arraigning of the sole proprietary concern rather was a condition precedent for making the complaint well constituted, as it becomes the principal offender, and, with its remaining un-impleaded, as such, the absence of its impleadment cannot make the instant complaint to be well constituted, nor, any valid prosecution can in its absence, be drawn, even against the accused petitioner, who can be assigned only a vicarious liability alongwith it.

HC directs dept to not to saddle Petitioner with interest & penalty for GST wrongly paid to Railways

September 14, 2022 1212 Views 0 comment Print

CGST authorities and SGST authorities would consider Petitioner’s case sympathetically when it comes to interest and penalty. Unless they have some other reason, Petitioner should not be saddled with interest and penalty.

Defective/Demo Car cannot be delivered against Booking of New Car: SC

September 14, 2022 3093 Views 0 comment Print

SC held that Non delivery of a new car can be said to be an unfair trade practice and even it can be said to be dishonesty on the part of the dealer and against the morality and ethics

Refund of ITC on account of IDS allowed where goods supplied under concessional rate notification

September 14, 2022 1950 Views 0 comment Print

HC remanded back the matter to the assessing authority for reconsidering the refund claimed by the assessee noting that refund of accumulated Input Tax Credit (ITC) on account of inverted duty structure (IDS) is allowed where the goods have been supplied under concessional rate notification.

CIT cannot exclude genuine disputes under VSV Act on Hyper-Technical grounds

September 14, 2022 801 Views 0 comment Print

HC held that attempt by CIT to exclude a genuine disputant of tax liability, like petitioner, from possibility of settlement under VSV Act is extremely hyper-technical.

Suspension of GST registration without opportunity of being heard- HC issues notice to Centre/State Govts

September 14, 2022 1356 Views 0 comment Print

SAT Industries Limited Vs Union of India (Bombay High Court) Suspension of GST registration without opportunity of being heard- HC issues notice to Centre/State Govts Petitioner submitted that the original Sub-Rule (2) of Rule 21A of the Central Goods and Service Tax Rules, 2017  provided that a party shall be given a reasonable opportunity of […]

No seizure of Betel Nuts if Not Required For Investigation: Gauhati HC

September 14, 2022 1014 Views 0 comment Print

While the seized betel nuts are not required for the purpose of investigation, as is apparent from the report of the I.O., the grounds, so assigned for rejection of zimma petition, filed by the petitioner, by the learned court below, seems to be not in conformity with the law, so laid down by Hon’ble Supreme Court in the year 2002.

Drawback refund cannot be denied for Mistakenly suffixing ‘A’ instead of ‘B’

September 14, 2022 333 Views 0 comment Print

Petitioner never claimed higher draw back. Mistakenly suffix ‘A’ was included instead of ‘B’ but draw back claimed was same as custom component

Proportionate disallowance of interest U/s. 14A not warranted if interest free own fund exceeds investment: SC

September 14, 2022 1548 Views 0 comment Print

CIT Vs UTI Bank Ltd (Supreme Court of India) SC upheld its judgment in ‘South Indian Bank Ltd. v. Commissioner Of Income Tax’ and held that the proportionate disallowance of interest is not warranted, under Section 14A of Income Tax Act for investments made in tax free bonds/ securities which yield tax free dividend and […]

No penalty for incomplete Part-B of e-way bill due to technical error

September 14, 2022 5364 Views 0 comment Print

Prima-facie no intent to evade duty can be ascertained, penalty cannot be levied only on allegation that Part-B of e-way bill not filled

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