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File Notings by Judges in Administrative Meetings out of purview of RTI Act

April 10, 2022 1548 Views 0 comment Print

Satara District Bar Association Satara Vs State of Maharashtra (Bombay High Court) There is certainly an element of confidentiality in the notings by Judges of any Committee of this Court. There is also very good reason why such notings should not in fact ever be disclosed or allowed to be disclosed. Whether or not this […]

Settlement between Workers & Management not binding under Industrial Disputes Act If Not Sent to Prescribed Authorities

April 10, 2022 5370 Views 0 comment Print

Laxman Vs State of Rajasthan (Rajasthan High Court) The provisions of Rule 2(p), Rules 58 and 75 of the Rules, 1958 clearly reflect that for a settlement arrived at between the parties by mutual negotiations, the same has to be sent to the State Government, Labour Commissioner and the conciliation officer concerned. The provisions are […]

Compassionate Appointment cannot be claimed as a Matter of Right: HC

April 10, 2022 12114 Views 0 comment Print

Iqbal Khan Vs State of U.P. and 2 Others (Allahabad High Court) (a) A provision for compassionate appointment is an exception to the principle that there must be an equality of opportunity in matters of public employment. The exception to be constitutionally valid has to be carefully structured and implemented in order to confine compassionate […]

Test services in India for Clients located outside India is Export services

April 10, 2022 2511 Views 0 comment Print

MedGenome Labs Ltd. Vs Commissioner Of Central Tax (CESTAT Bangalore) As per Rule 3 of POPS Rules, the place of provision of service shall be the location of the recipient of service. In the present case, the location of the recipient of service is in abroad. Therefore, the service deemed to have been provided in […]

CESTAT quashes Service Tax Demand raised against Anil Kumble

April 10, 2022 2949 Views 0 comment Print

CESTAT Bangalore rules in favor of Anil Kumble, citing precedent. No service tax liability for services provided under agreements with M/s. RCSPL and franchisee.

Appeal not filed electronically – Cannot be dismissed on technical ground

April 10, 2022 1134 Views 0 comment Print

Shantilal S Jain, HUF Vs ITO (ITAT Mumbai) In this case CIT(A) has dismissed the appeal on technical ground as the assessee has not file the same electronically as per Rule 45 of the Income-tax Rule. It appears that only one notice was issued by the CIT(A) to the assessee and the status of the […]

HC directs restoration of GST registration which was cancelled for non-filing of Returns

April 10, 2022 5205 Views 0 comment Print

Tvl. Alamelu Contracts Vs Commissioner of Commercial Taxes (Madras High Court) The petitioner has challenged the impugned order, dated 16.07.2019, cancelling the Goods and Services Tax Registration. The impugned order preceded the show cause notice, dated 04.07.2019. It is the specific case of the petitioner that the petitioner was not having business and therefore, the […]

Blocking of ITC- Petitioners should first approach the authorised Officer

April 8, 2022 2538 Views 0 comment Print

M. M. Traders State of U P (Allahabad High Court) All the aforequoted writ petitions have been filed aggrieved with blocking of input tax credit by the concerned authority under Rule 86 A of the C.G.S.T. /U.P. G.S.T. Rules, 2017. Rule 86 A(2) of the C.G. & S.T. Rules, 2017, which provides as under :- […]

Registered Valuer Fails to inform about Registration of FIR – IBBI directs RV to be extremely careful, diligent & responsive

April 8, 2022 1266 Views 0 comment Print

IBBI notes that delay by Mr. Gupta in providing relevant information to the Authority occurred due to the fact, as submitted by Mr. Gupta, that he was not aware of the filing of FIR against him and he came to know about the lodging of the FIR from the RVO on 26.08.2021. The Authority accepts […]

Mere right to use licensed technical know-how cannot be treated as Capital Expenditure

April 8, 2022 1473 Views 0 comment Print

Nefab India Pvt. Ltd. Vs DCIT (ITAT Delhi) The assessee has been merely given a license to use the licensed information/technical know-how during the currency of license agreement. Further, there is a confidentiality clause which prevents the assessee from disclosing the licensed information to a third party. To reiterate, the assessee is not entitled to the […]

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