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Import duty Refund u/s 27 not admissible in absence of modification in self-assessment

September 21, 2022 705 Views 0 comment Print

Held that refund u/s 27 against duty paid on self-assessment basis not admissible unless the self-assessment is modified through an appeal.

Cheque Bounce case: Compensation u/s 357(1)(b) of CrPC to be paid from fine forming part of sentence

September 20, 2022 15537 Views 0 comment Print

Kerala High Court held that in an offence u/s. 138 of the Negotiable Instruments Act, when the Court imposes imprisonment and fine, fine forms part of the sentence hence the court has to order payment of compensation from the amount of fine as provided under Section 357(1)(b) of CrPC.

Possessing price-sensitive information without an attempt to take advantage is not insider trading

September 19, 2022 1698 Views 0 comment Print

Supreme Court held that mere possession of price-sensitive information doesnt prove that the person was indulged in insider trading. There must be an attempt to take advantage of or encash the benefit of the information so possessed.

Proposal containing arbitration clause signed by one party doesn’t amount to arbitration agreement

September 19, 2022 1200 Views 0 comment Print

Bombay High Court has held that a mere reference to a proposal containing an arbitration clause which was unilaterally signed by one party, would not amount to an arbitration agreement coming into existence between the parties. Suit filed before Trial Court stand restored.

Suspended directors running business of corporate debtor in fraudulent manner is liable u/s 66 of IBC

September 19, 2022 5442 Views 0 comment Print

NCLT Held that suspended board of directors were involved in running the business of corporate debtor in a fraudulent & wrongful manner, therefore, responsible & liable under provision of Section 66 of IBC, 2016

GST refund claim sanctioned but not released due to technical glitches

September 19, 2022 1713 Views 0 comment Print

HC Held that already sanctioned GST refund not released due to technical glitches in the GST portal. Court directed the department to deal with the refund claim and, if eligible, pay back the refund claim with interest

Air transport service is not sale as there is no actual transfer or possession of Aircraft

September 17, 2022 825 Views 0 comment Print

Held that as there is no actual transfer of the possession of the aircraft in question to the user of the aircraft, rendering of the Air Transport Services by the Assessee will not tantamount to Sale as envisaged by Section 2(g)(iv) of the OST Act.

Initiation of CIRP cannot be barred based on SEBI order

September 17, 2022 4773 Views 0 comment Print

Held that initiation of CIRP under I&B code cannot be nullified by any order passed by SEBI nor can be a ground to reject an application.

Circular no. 125/44/2019-GST not apply to manually filed refund application

September 17, 2022 31848 Views 0 comment Print

Held that circular no. 125/44/2019-GST dated 18th November 2019 shall be applicable only to applications filed electronically on the common portal but would have no applicability to an application for refund which is filed manually.

GST registration cannot be granted on disputed premise

September 17, 2022 2673 Views 0 comment Print

Held that the license under the Act or registration under the GST Act cannot be renewed/ granted due to the fact that the subject premise is under dispute between two persons

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