Section 14 of IBC covers proceeding under Section138/141 against a corporate debtor but not against natural persons The Apex Court vide its order dated 01.03.2021 in P Mohanraj v. M/S Shah Brothers Ispat Pvt Ltd ruled that the institution or continuation of a proceeding under Section 138/141 of the Negotiable Instruments Act (NI Act) will […]
In a recent order dated 15.02.2021, Hon’ble Bombay High Court, in the case of Daulat Samirmal Mehta v. Union of India, W.P. No. 471 of 2021 has passed an important order on power to make arrest under Section 69 of the Central Goods and Services Tax Act, 2017 (CGST Act, 2017). As per the facts […]
When a statement recorded under Section 70 under the Central Goods and Services Tax Act, 2017 (CGST Act, 2017) is relevant and admissible? Section 136 of CGST Act, 2017 pertains to the relevancy and admissibility of statements made and signed in response to the summons issued under Section 70 during the course of any inquiry […]
Attentiveness regarding extended power under Section 83 of CGST Act, 2017 by Finance Bill, 2021 Revenue is frequently using the powers of provisional attachment given under Section 83 of the Central Goods and Services Tax, Act, 2017 (CGST Act, 2017). In various matter, the High Courts have observed misusing this provision by Revenue or causal […]
Direction to Union of India (UOI) and CBDT for issuing appropriate instructions or guidelines to the exercise of power under Section 83 of the CGST Act, 2017 Generally, in each and every matter in which proceedings under Section 67 of the CGST Act, 2017 are initiated, an order of provisional attachment of the bank accounts […]
[Ref: M/S Metenere Ltd Vs. Union of India and another (WRIT TAX No. – 360 of 2020 before Hon’ble High Court of Allahabad) order dated 17th December, 2020]. Petitioner in the reference case has filed a writ petition challenging the order passed by the Additional Commissioner dated 27.1.2020 as well as the Appellate Order dated […]
It is submitted that Section 83 of The Central Goods and Services Tax, Act, 2017 (“CGST Act, 2017”) is proposed to be amended via clause 106 of Finance Bill, 2021. Please note that these proposals will come into effect from a date to be notified later. It is stated that Sections 2 to 79 of […]
One of the fundamental legal principles is that an element of certainty must be brought to the legal proceedings. The law of limitation is based on this principle. Any action under any law has to be taken within the limitation period prescribed otherwise uncertainty would prevail eternally. The provisions of limitation period gain all the […]
Pursuant to Section 70 of CGST Act, 2017 Proper Officer(s) under the law have the power to summon any person whose attendance he considers necessary either to give evidence or to produce a document or any other thing in any inquiry.
It is stated that the GST Council in its 9th meeting held on 16.01.2017 had discussed and it is clarified that the officers of both Central tax and State tax are authorized to initiate intelligence-based enforcement action on the entire taxpayer’s base irrespective of the administrative assignment of the taxpayer to any authority. However, what […]
