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Writ not maintainable due to non-cooperation for concluding proceedings before Tribunal

November 7, 2023 474 Views 0 comment Print

Kerala High Court held that writ petition is misconceived and non-maintainable as petitioner didn’t co-operate for concluding the proceedings by the Tribunal on remand.

Release of fresh apples imported from New Zealand was allowed on furnishing of Bank Guarantee towards differential duty

November 7, 2023 732 Views 0 comment Print

Customs department was directed to release fresh apples imported from New Zealand as the same were perishable in nature and were meant for human consumption, made the court find it appropriate to order the release of the goods, however, subject to the condition that Respondent should furnish a bank guarantee in order to safeguard the interests of the department.

Delhi HC Allows Consolidation of GST proceedings initiated by different authorities

November 7, 2023 12339 Views 0 comment Print

In a recent Delhi High Court judgment, it was ruled that GST proceedings initiated by different authorities can be consolidated. Learn more about case and its implications.

Granting short period of time for filing reply violates legal right of assessee

November 7, 2023 4380 Views 0 comment Print

Granting a short period of time to file a reply violates the legal right of an assessee. Learn about judgment of Madras High Court in case of M/s Health and Allied Insurance Company Ltd. v. Commissioner of State Tax, Chennai

Reassessment proceedings initiated by mistake is liable to be set aside

November 6, 2023 978 Views 0 comment Print

Delhi High Court held that a mistake has been made in triggering reassessment proceedings against the petitioner as no impugned transactions have been carried out by the assessee and accordingly, re-assessment proceedings initiated u/s. 148 of the Income Tax Act is set aside.

Statutory restriction contained in Section 37(1)(b)(ii) of NDPS Act gets overrides due to prolonged incarceration

November 6, 2023 1023 Views 0 comment Print

Delhi High Court granted bail as prolonged incarceration of a person overrides the statutory restriction contained in Section 37(1)(b)(ii) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

Right of person to enjoy property cannot be prevented alleging non-registration of document u/s 22A

November 6, 2023 4473 Views 0 comment Print

Telangana High Court held that the Registration of a document does not create any title. The action of non-registration of a document under Section 22A of the Registration Act, 1908 does not prevent a person of the right to enjoy his property.

Arrest illegal as grounds of arrest not conveyed in writing

November 6, 2023 1335 Views 0 comment Print

Punjab and Haryana High Court held that non-conveying of grounds of arrest in writing is not sufficient compliance of the provisions of Section 19 of the PMLA and Article 22 of the Constitution of India. Accordingly, arrest of the present petitioner illegal and cannot be sustained.

Madras HC Directs Income Tax Department to Release Pension Account

November 6, 2023 762 Views 0 comment Print

In the case of G.K. Reddy vs. DCIT, Madras High Court has directed the Income Tax Department to lift the attachment of a pension account, considering the age and ailment of the assessee. Learn more about this judgment.

CBDT Office Memorandums Not a Fetter on Commissioner’s Quasi-Judicial Authority

November 6, 2023 615 Views 0 comment Print

Kerala High Court allows deposit orders of lesser amounts pending appeal, citing CBDT Office Memorandums not binding on the Commissioner.

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