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Chartered Accountant Institute can suo moto initiate disciplinary proceedings against its member

December 21, 2022 2628 Views 0 comment Print

Delhi High Court held that Section 21 of the Chartered Accountants Act, 1949 provides suo moto power to the institute to initiate disciplinary proceedings against its member without any written complaint/ allegation.

DCIT penalized with imprisonment as direction of High Court deliberately not followed

December 21, 2022 4623 Views 0 comment Print

Allahabad High Court held that High Courts order directed quashing of notice and consequential order. However, the outstanding amount on web portal continued for a period of 7 months. It clearly shows act and action of the opposite party is deliberate in nature. Hence, contemnor – opposite parity i.e. Deputy Commissioner of Income Tax penalized with fine and simple imprisonment for one week.

Restriction on utilization of ITC u/r 86A of CGST Rules cannot continue beyond one year

December 21, 2022 4932 Views 0 comment Print

Delhi High Court held that restrictions on utilization of input tax credit imposed under rule 86A of the Central Goods and Services Tax Rules cannot extend beyond the period of one year.

Order passed without considering recorded unretracted statements is untenable

December 21, 2022 1593 Views 0 comment Print

Calcutta High Court held that order passed without considering statements recorded under section 108 of the Customs Act which are not retracted is liable to be interfered.

GST demand on export not done by BHEL: HC Grants stay to ESL Steel Limited

December 21, 2022 1275 Views 0 comment Print

ESL Steel Limited Vs Bharat Heavy Electronic Limited (Jharkhand High Court) The Petitioner made supplies for export to Bharat Heavy Electricals Ltd (BHEL). The goods were ultimately exported, albeit with delay. Petitioner and BHEl made representations to the Revenue for condonation of delay in exports. Reliance was placed on Para 5.1 of Circular No. 37/11/2018-GST […]

Ex-parte orders violates principles of natural justice & entails civil consequences

December 21, 2022 3732 Views 0 comment Print

Patna HC set aside the ex-parte rejection orders passed by the Revenue Department, owing to the violation of natural justice principles.

Increased service tax rate under composition not affect pending contracts

December 21, 2022 1125 Views 0 comment Print

Calcutta High Court held that the rates of tax as increased would be prospective and shall not affect the pending contracts and therefore would be entitled to the compounded rate of tax at 2% for the relevant period.

HC quashed Order passed without considering reply & document produced

December 21, 2022 4788 Views 0 comment Print

Bombay High Court held that order passed without taking into account the reply and document produced by the petitioner to the show cause notice is liable to be quashed and set aside.

HC grants stay to Makemytrip on Penalty imposed by CCI

December 21, 2022 2616 Views 0 comment Print

Delhi High Court directed 10% of the penalty amount imposed by the Competition Commission of India, the recovery of the remaining 90% of the penalty amount would remain stayed.

HC set-aside order passed without considering petitioner’s request for grant of additional time

December 20, 2022 1767 Views 0 comment Print

ABB Global Industries Vs Union of India (Karnataka High Court) Karnataka High court In case of ABB Global Industries and services Pvt Ltd, Quashed the order passed by the PO on reason of natural justice , as petitioner requested additional time for hearing , PO rejected and passed the order FULL TEXT OF THE JUDGMENT/ORDER OF […]

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