Punjab and Haryana High Court held that if a special provision has been made qua a particular subject (here Value Added Tax), the said subject is excluded from the general provisions (here, Indian Penal Code). Since the provisions of the VAT Act do not provide for the registration of the FIR and the said Act is a Code in itself, the provisions of the IPC also cannot be invoked.
Patna High Court in liquor smuggling has directed the State Government in particular the State Tax Department to develop a mechanism in consultation with the GST Council to block the generation of E-way Bills with respect to such trucks which are seized and confiscated in the State of Bihar.
Himachal Pradesh High Court held that this court cannot be approached for protecting either the illegal occupation or unauthorized construction. Unauthorized construction, if it is illegal cannot be compounded and has to be demolished.
Bombay High Court held that there is no satisfactory explanation as to why from October 2014 till now no adjudication has taken place. Further, transfer of impugned notice to call book is also not informed to the petitioner. Hence, the same is against the principles of natural justice and liable to be quashed.
Delhi High Court held that rejection of basis adopted by the assessee of the disallowance offered under section 14A after due application of mind and considering the reply furnished by the assessee is acceptable
Madras High Court held that registration shall stand revived on payment of tax and uploading of return and accordingly granted relief in the case of cancellation of GST registration due to non-filing of GST returns due to health issue
Allahabad High Court held that in absence of a valid marriage, marriage certificate of Arya Samaj is not proof of a valid marriage. Accordingly, mere getting a marriage certificate from Arya Samaj is not proof of a valid marriage.
It was C.O.C which has not taken efficient measures to complete the C.I.R.P of the Corporate Debtor Company. Even in the summary findings where the order of the adjudicating authority is quoted, it is made out that it was not the case that the C.O.C had raised any dissatisfaction with regard to the conduct of the petitioner or that there had been a lapse on his part.
The Honble Gujarat High Court held that the Notification could not be said to have been published without declaration form or digital signature certificate. Only after the declaration form and documents are signed digitally that they can be uploaded for e-publishing which has been done on 06.03.2018 at 19:15 hours in the present matter. Therefore, the effective date of Notification in terms of Section 25(4) of the Act is the date of its publication in Official Gazette in e-mode on 06.03.2018.
While issuing Form No. 15CB a Chartered Accountant is required to only examine the nature of the remittance and nothing more. The Chartered Accountant is not required to go into the genuineness or otherwise of the documents submitted by his clients
