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Non-voluntary payment made under compelling circumstances during search is liable to be refunded

December 14, 2023 1059 Views 0 comment Print

Delhi High Court held that payments made under compelling circumstances during the course of search, without ascertaining tax liability and issuance of notice post search, is liable to be refunded back to the taxpayer along with interest.

Involuntary reversal of ITC during search needs to be refunded to taxpayer

December 14, 2023 1320 Views 0 comment Print

Delhi High Court held that involuntary reversal of Input Tax Credit (ITC) during search needs to be refunded to the taxpayer while reserving the right of the GST authorities to proceed against the said taxpayer to the full extent in accordance with law.

Heavy cost imposed for obtaining admission under EWS category by illicit means

December 13, 2023 2886 Views 0 comment Print

Delhi High Court imposed heavy cost for obtaining admission under Economically Weaker Sections (EWS) category by illicit means. Further, directed to convert the admission under the General Category in place of EWS category.

Denial of bail merely alleging that petitioner is Hawala Operator unjustified

December 12, 2023 1281 Views 0 comment Print

Delhi High Court granted the bail application in the extortion case concluding that merely because the petitioner has been alleged to be a Hawala Operator, the bail cannot be denied to him.

Court directed SEBI to provide required documents to minority shareholders of BNL

December 12, 2023 861 Views 0 comment Print

Bombay High Court held that minority shareholders of Bharat Nidhi Ltd. (BNL) are entitled to get documents related to proceedings by SEBI against BNL. Accordingly, directed to provide the same in terms of Courts order dated 23 October 2023.

Confiscation of silver jewellary alleging to be smuggled without any evidence unsustainable

December 12, 2023 981 Views 0 comment Print

CESTAT Kolkata held that confiscation of boondi silver and silver jewellary alleging it to be smuggled goods without any evidence to allege that these are third country origin is unsustainable in law.

ED summons relating to sand mining without an existence of proceeds of crime unjustified

December 12, 2023 798 Views 0 comment Print

Madras High Court held that ED is trying to fish out the possible commission of offence relating to sand mining without an existence of proceeds of crime. Accordingly, the enquiry contemplated by the impugned summons is not within the domain or within the authority of the respondent, as per Section 50 of the PMLA, 2002.

Refusal to register as an Insolvency Professional based on past actions and conduct justified

December 12, 2023 480 Views 0 comment Print

Delhi High Court held that while judging as to whether a person is fit and proper to be appointed as an Insolvency Professional his past actions and conduct cannot be ignored. Accordingly, refusal to grant registration as an Insolvency Professional justified as petitioner found guilty of fraudulent practices violating market integrity.

Penalty duly imposed on customs broker for not being proactive for fulfilling its obligations

December 12, 2023 882 Views 0 comment Print

CESTAT Mumbai held that imposition of penalty for failure in not being proactive for fulfilling of regulation 10(a) of Customs Brokers Licensing Regulations, 2018 [CBLR,2018] alone, is appropriate and justifiable.

Re-determination of value resorting to rule 7 of Customs Valuation Rule justified

December 12, 2023 1110 Views 0 comment Print

CESTAT Delhi held that re-determination of value resorting to valuation under Rule 7 of the Customs Valuation Rules justified on failure to advance any documents/ invoice to substantiate the value of goods.

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