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Archive: 22 October 2022

Posts in 22 October 2022

Format of Article of Association for Producer Company

October 22, 2022 1158 Views 0 comment Print

Understand the format of Article of Association for a producer company. Learn about the key definitions and terms used in these articles.

Writ not maintainable when there is a question of fact involved & alternative remedy available : JK HC

October 22, 2022 1320 Views 0 comment Print

J&K HC while dismissing the writ petition observed that there was an alternative remedy provided under Section 17 of the SARFAESI Act and the issue raised by the petitioner is a disputed question of fact that cannot adjudicated upon in the writ petition.

HC grants permanent injunction against use of trademark INTEL on basis of settlement

October 22, 2022 882 Views 0 comment Print

Delhi HC granted permanent injunction to INTEL on the ground that the lis no longer exists between the parties and the Defendants were willing to suffer permanent injunction in terms of the prayer clause 37(i) & (ii) of the plaint, which was pertaining to prevent defendants to use the word INTEL as their trademark and trade name.

सोने की मांग को नियंत्रित करने के लिए डिजिटल गोल्ड में निवेश प्रोत्साहन जरूरी

October 22, 2022 699 Views 0 comment Print

भारत में सोने की डिमांड के कारण इसका आयात हमको करना पड़ता है जिस कारण से न केवल डालर रिजर्व पर फ़र्क पड़ता है बल्कि सोने में निवेश होने से ज्यादातर सोना घर में ही पड़ा रहता है और मार्केट में नहीं आने से इसका कोई उपयोग नहीं हो पाता एवं हमारी करेंसी में कमजोरी […]

Inadvertent mistake in invoice number Pardonable – HC quashed Penalty order

October 22, 2022 1215 Views 0 comment Print

Sonal Automation Industries Vs State of Uttarakhand (Uttarakhand High Court) The penalty order was passed due to inadvertent mistake i.e. invoice number stated as 235 in place of SAI/V/235. The writ petition was allowed and penalty order was quashed. The imposition of the penal consequences due to an exception, which has been caused on account […]

Whether Voluntary payment of GST penalty takes away right of Appeal?

October 22, 2022 6510 Views 1 comment Print

Can voluntary payment of GST penalty affect your right to appeal? Find out how Section 129 and 130 of the CGST Act, 2017 play a role.

Mistake in e-way bill in names of buyers & sellers – fresh E-Way Bill issued- Vehicle & goods should be released

October 22, 2022 2871 Views 0 comment Print

Satguru Impex Vs State of Tripura (Tripura High Court) The petitioner made mistakes in the e-way bill in the names of buyers and sellers. In place of buyer’s name, seller name was filled and in place of seller’s name, buyer name was filled. The mistake was rectified by generating fresh e-way bill. The GST departments […]

Goods taken back due to non-delivery – No justification for detention as fresh e-way bills were issued

October 22, 2022 1971 Views 0 comment Print

Progressive Enterprise Vs State of Tripura (Tripura High Court) The goods were sent form Guwahati to Tripura. Due to some reasons goods were not unloaded and the petitioner sought to take back the goods to Guwahati. The Driver stated to the concern inspector that he is waiting for the fresh tax invoices and e-way bills […]

SCN lacking basic details & Non-speaking order under GST not sustainable

October 22, 2022 3102 Views 0 comment Print

Tarmal Industrial Supply Company Vs State Tax Officer (Madras High Court) Non-speaking order – the show cause notice issued prior to passing of the impugned order does not stipulate even basic details such as the date and time of hearing – the requirement of passing a speaking order has been entirely frustrated in so far […]

GST Order not sustainable if notices served upon truck driver instead of owner of goods or conveyance

October 22, 2022 1974 Views 0 comment Print

Messrs Tanay Creation Through Prop. Tanay Mahavir Shah Vs State of Gujarat (Gujarat High Court) The petitioner put the case before the Hon’ble Court that no opportunity was given before passing the order under section 129 and 130. The notices were served upon the truck driver instead of owner of the goods or owner of […]

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