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Archive: 30 December 2022

Posts in 30 December 2022

Section 142 (b) of Negotiable Instruments Act not applicable with retrospective effect

December 30, 2022 8811 Views 0 comment Print

The provision of Section 142 (b) of Negotiable Instruments Act, 1881 cannot be considered to be effective with retrospective effect.

Writ Petition not to be filed when an efficacious alternative remedy of appeal is available

December 30, 2022 390 Views 0 comment Print

HC directed the assessee to seek alternative statutory remedy of appeal against the order of demand and detention of vehicle for alleged expiry of E-Way bill, passed by the State Taxes Officer.

HC disposes Writ as efficacious remedy of appeal is available

December 30, 2022 351 Views 0 comment Print

GMT Industries Ltd Vs State of Jharkhand (Jharkhand High Court) Mr. Ashok Kumar Yadav, learned G.A. has filed counter affidavit inter-alia challenging the maintainability of the writ petition, as also on merits and has contended that the efficacious remedy of appeal is available to assessee, since the dispute pertains to questions of fact, the Hon’ble […]

GST Registration cancellation- HC allows time barred application for revocation

December 30, 2022 738 Views 0 comment Print

Devendra Prasad Vs Assistant Commissioner (Uttarakhand High Court) Since, the petitioner failed to furnish returns for a continuous period of six months and show cause notice has been sent to him, it is directed that the petitioner shall file an application for revocation under Section 30 of the CGST Act in terms of Rule 23 […]

 Contractor is not at fault for introduction of new tax by Govt- Decision to not to reimburse would be too harsh

December 30, 2022 873 Views 0 comment Print

Decision not to reimburse would be too harsh a decision on the part of the respondents, for the reason that the Contractor is not at fault in any manner for incurring the additional tax liability that has occurred because of the introduction of any new tax.

HC set-aside dubious GST Registration cancellation Order & SCN

December 30, 2022 333 Views 0 comment Print

Show cause notice as well as order of cancellation of GST registration are dubious enough and failing to divulge the misdeed or fraud allegedly committed by petitioner

Gujarat High Court directs GST dept to release goods & conveyance of petitioner

December 30, 2022 675 Views 0 comment Print

By way of interim relief, it is directed that the respondents shall release the goods and conveyance of the petitioner, confiscated and detained pursuant to the aforementioned order No. 8 dated 21.04.2022 passed in FORM GST MOV-11

Litigant cannot Be Expected To Wait Indefinitely For Reasons: SC

December 30, 2022 399 Views 0 comment Print

We are constrained to observe that a party to the litigation cannot be expected to wait indefinitely for availability of the reasons for the order of the Court.

Industrial Disputes Act – Independent consultant is not workman

December 30, 2022 1506 Views 0 comment Print

It was further pointed out by the petitioner that the respondent – workman cannot be termed as workman within the meaning of Section 2(S) of the Industrial Dispute Act, 1947.

Revenue Department cannot retain any amount that has been erroneously paid as tax

December 30, 2022 1431 Views 0 comment Print

held that Revenue Department cannot retain any amount that has been paid as tax as a result of any inadvertent error and error committed by assessee being accidental shall have opportunity to rectify it.

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