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IRP can reduce admitted claim based on Arbitration award

April 21, 2023 1032 Views 0 comment Print

NCLAT held that The Resolution Professional has calculated the claim of the Appellant as per the award dated 19.01.2018. Appellant who has himself initiated the Arbitration Proceeding cannot deny that he is bound by the award which was delivered in his favour.

Execution of Subsisting Government Contracts Awarded in pre or post GST Regime without updating Rate: HC directs to File representation before Additional Chief Secretary

April 21, 2023 267 Views 0 comment Print

Classic Vs State of West Bengal (Calcutta High Court) This writ petition has been filed for the relief by way of direction upon the respondents authority concerned to bear the additional tax liability for execution of subsisting Government contracts either awarded in the pre-GST regime or in the post GST regime without updating the Schedule […]

GST: HC directs release of vehicle on furnishing bank guarantee for Penalty

April 21, 2023 1263 Views 0 comment Print

GST -Petitioner undertakes that it shall furnish bank guarantee of amount equal to penalty, so that authority can release vehicle.

One minute delay in return filing – ITAT allows section 80IA(4) deduction

April 19, 2023 2226 Views 0 comment Print

Return of income so filed was late by one minute. Therefore, deduction claimed by assessee under section 80IA(4) of Act was denied by CPC

Pre-Assessment notice in Form DRC 01 not issued: HC quashed Assessment Order

April 19, 2023 1410 Views 0 comment Print

My Home Industries Pvt. Ltd. Vs State Tax Officer (Medras High court) The main ground on which order dated 14.05.2020 passed in terms of the provisions of the Tamil Nadu Goods and Services Tax Act, 2017 (in short ‘TNGST Act’) is assailed is that no pre-assessment notice/show cause notice was issued prior to passing of […]

Rule 8(3A) of Central Excise Rules, 2002 ultra vires – CESTAT follows HC Ruling

April 19, 2023 1305 Views 0 comment Print

Indus Tropics Ltd Vs C.C.E. & S.T. Rajkot (CESTAT Ahmedabad) The issue in brief is that though entire defaulted amount of central excise duty along with interest stands deposited with a delay of few weeks, the Department is of the view that as per the provisions of Rule 8(3A) of Central Excise Rules, 2002, the […]

Raw material supplier cannot be implicated for clandestine removal of goods by buyer

April 19, 2023 795 Views 0 comment Print

The raw material supplier cannot be implicated for clandestine removal of the goods by the buyer of the raw material.

HC reduces Pre-Deposit For Filing Appeal considering liquidity crunch

April 19, 2023 951 Views 0 comment Print

G.S. Promoters Pvt. Ltd Vs Commissioner Of Central Excise And CGST (Delhi High court) The petitioner has filed the present petition, inter alia, seeking waiver of pre-deposit of 7.5% of duty for maintaining an appeal against the order-in-original dated 26.11.2021, passed by the Commissioner, Adjudication, Central Tax, GST, Delhi East. Court is unable to accept that […]

Coal smuggling to evade tax- HC refuses to quash criminal petition

April 19, 2023 366 Views 0 comment Print

Abdul Kadir Vs State of Assam (Gauhati High court) The petitioner, namely, Abdul Kadir has filed an application under Section 482 Cr.P.C. with prayer for quashing the FIR registered under Sections 120(B)/379/420 of the Indian Penal Code (IPC in short). HD held that petitioner is alleged with an offence of evading payment of taxes to […]

HC set aside Income Tax Notice issued & Order passed on dissolved LLP

April 19, 2023 1152 Views 0 comment Print

Notice under Section 148A(b) & order U/s. 148A(d) of Income Tax Act against an entity (LLP), which was no longer in existence is invalid.

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