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Gujarat HC issues notice to Central & State Government to know steps taken for constituting GST Tribunal

December 9, 2022 1533 Views 0 comment Print

Firmenich Aromatics Production (India) Pvt. Ltd. Vs Union of India (Gujarat High Court) Gujarat High Court issues notice to Central Government and State seeking to know steps to taken for constituting GST Tribunal. The Hon’ble Court issues notice to Central Government and State seeking to know steps taken for constituting GST Tribunal, even after the […]

HC sets aside ex-parte assessment order and directs petitioners to submit proof of Inter-state sales/branch transfers

December 9, 2022 1920 Views 0 comment Print

Delhi High Court sets aside ex-parte assessment order and directed petitioners to place on record available documents to stake claim that Inter-state sales/ branch transfers have taken place.

Department cannot deny interest on refund once refund clam is sanctioned

December 9, 2022 1704 Views 0 comment Print

Rosy Blue India Private Limited vs. Union of India (Bombay High Court) The Petitioner challenged non-sanction of refund of service tax paid on export of services. The Show Cause Notice proposing denial of refund was challenged. However, during the pendency, refund of principal was granted. The interest on delayed refund from 2010-2011 till 2022 was […]

Bribery Case: Punishment of dismissal from service of Commercial Tax Officer disproportionate

December 9, 2022 1578 Views 0 comment Print

Madras High Court in the case of dismissal of Commercial Tax Officer from the service due to collection of bribe as Diwali Mamool from the traders held that punishment of dismissal from service is disproportionate to the nature of charge.

Writ maintainable as no alternate efficacious remedy available

December 9, 2022 1770 Views 0 comment Print

Delhi High Court held that as appellant have exhausted their appellate remedy and there is no alternate efficacious remedy available to the appellant, the court finds the case fit for exercise of discretionary powers under Article 226.

Writ dismissed as alternate remedy of appeal already available

December 9, 2022 1059 Views 0 comment Print

Bombay High Court dismissed the writ petition as an alternate remedy of appeal is available to the petitioner which needs to be filed before the Commissioner of Income Tax (Appeals) as per the provisions of Section 246 of the Income Tax Act.

Tribunal cannot reconsider its previous decision

December 9, 2022 687 Views 0 comment Print

Orissa High Court held that in absence of any power of review, the Tribunal could not have subsequently reconsidered its previous decision and the subsequent order reopening the matter is held to be the illegal, ultra vires and without jurisdiction.

Banks cannot Initiate recovery For Non-Payment of EMI Due to Default of Builder/Developer  

December 9, 2022 18342 Views 0 comment Print

Mudit Saxena Vs Union of India (Karnataka High Court) Banks Can Not Initiate Recovery of Loan From Homebuyers For Non-Payment of EMI Due to Default on the part of the Builder/Developer (Karnataka High Court): RERA In a significant order, Karnataka High Court prohibits Punjab National Bank Housing Finance Limited (PNBHFL) from using coercive means to […]

Expenditure towards development of software never came into existence is revenue in nature

December 8, 2022 2475 Views 0 comment Print

Bombay High Court held that expenditure towards development of a software which never came into existence is revenue in nature as it doesn’t give rise to any new asset.

Notice is mandatory for physical verification of place of business under Rule 25 of CGST Rules, 2017

December 8, 2022 15558 Views 0 comment Print

Bimal Kothari Vs Assistant Commissioner (DSGST) & Ors (Delhi High court) The Hon’ble Delhi High Court (“the High Court”) in the case of M/s. Bimal Kothatri v. Assistant Commissioner (DSGST) & Ors. [(W.P.(C) 9207/2019 & CM No. 37947/2019] dated November 01, 2022, held that cancellation of GST registration is not sustainable when no notice was […]

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