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Archive: October, 2022

Posts in October, 2022

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

October 22, 2022 1377 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 933 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 1641 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 8262 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 3228 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 2202 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 4065 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 2835 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 […]

HC Quashed GST Demand as Order passed on the day of issue of notice

October 22, 2022 1533 Views 0 comment Print

Rimi Sales Agency Vs Union of India (Tripura High Court) Show-cause notice was issued on 06.11.2018 which required the petitioner to appear before the said authority on 23.11.2018. Without permitting the petitioner to appear and file reply and oppose the demands the Inspector confirmed the demand by passing separate orders on 06.11.2018. This was wholly […]

E-way Bill expired due to clerical error- Order passed without Opportunity of hearing is invalid

October 22, 2022 1872 Views 0 comment Print

Tirthamoyee Aluminium Products Vs State of Tripura (Tripura High Court) Due to a clerical error in the e-way Bill the distance from the place of origin to the destination was shown as 470 Kms. instead of actual distance of 1470 Kms. There is no dispute that the goods were sold by way of inter-state sale […]

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