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Appeal maintainable against department’s order for budgetary support scheme refund

November 2, 2022 1149 Views 0 comment Print

Mags Garments Pvt. Ltd. Vs Union of India And Others (Himachal Pradesh High Court) Having gone through the contents of the Scheme of Budgetary Support under Goods and Service Tax regime especially in the light of Tax which accrues to the Central Government under Central Goods and Service Act, 2017 and Integrated Goods and Services […]

Inordinate delay in adjudication results into denial of principles of natural justice

November 2, 2022 2013 Views 0 comment Print

It is settled law that inordinate delay (17 Years in this case) in adjudication results into denial of principles of natural justice and such violation cannot be overlooked by any authority.

No penalty if only a minor part of Transitional Credit claim disallowed

November 2, 2022 1095 Views 0 comment Print

Proper Officer has allowed major of part of  Transitional Credit, disallowing only minor part of  total claim & imposed 100% penalty on disallowed credit because of ineligible claim by invoking Section 74 of  CGST Act, 2017.

Import of firearms duly permissible under the Arms Act

November 1, 2022 12024 Views 0 comment Print

Delhi High Court held that import of firearms is not prohibited the Arms Act and also there is no restriction that import is permissible only if the parts cannot be manufactured locally. Accordingly, it was directed to release the goods so imported.

Provisional attachment confirmation order under PML can be appealed within 10 days

November 1, 2022 1167 Views 0 comment Print

Jammu Kashmir High Court held that person aggrieved by the order of confirmation of provisional attachment made by the Adjudicating Authority is well within his/her right to file appeal u/s. 26 of Prevention of Money Laundering Act, 2002 within this period of ten days and may persuade the Appellate Authority to intervene in the matter.

Payment of pre-deposit of Excise and Service Tax through Form GST DRC-03 – HC direct CBIC to issue guideline

October 31, 2022 4737 Views 0 comment Print

Sodexo India Services Pvt. Ltd Vs Union of India (Bombay High Court) 1. Petitioner is impugning four orders all dated 13th April 2022 passed by respondent no.3 in the appeals that petitioner had filed. 2 Petitioner had, as required under Section 85 of the Finance Act, 1994 read with Section 35F of the Central Excise […]

Plaintiff may not exhaust remedy of pre-institution mediation under S. 12A(1) of Commercial Courts Act, 2015

October 31, 2022 3888 Views 0 comment Print

Delhi High Court held that a suit, which contemplates urgent interim relief, is excluded from the rigor of Section 12A(1) of the Commercial Courts Act, 2015. Thus, a plaintiff seeking to institute a suit involving urgent interim relief(s) is not required to exhaust the remedy of pre-institution mediation.

‘EVEREADY’ A well known Trademark cannot be allowed to be infringed: HC

October 31, 2022 2073 Views 0 comment Print

Sanjay Chadha Trading As M/S Eveready Tools Emporium Vs Union of India & Ors. (Delhi High Court) A well known mark under Section 2(1)(zg) of Trademarks Act cannot be allowed to be infringed Conclusion: Delhi High Court dismissed appeals and restrained appellant from using word ‘EVEREADY’, as the same is a well-known mark due to […]

No protection under Designs Act for a Trade variant which is a combination of known designs: Delhi HC

October 30, 2022 2136 Views 0 comment Print

Delhi High Court restrained Respondents from manufacturing, selling, offering for sale, advertising, importing, exporting or in any manner dealing with products infringing the Subject Design under the Designs Act, 2000 for the main reason that a mere trade variant which is a combination of known designs would not be entitled to protection under the provisions of the Designs Act

Dairy business cannot be construed as agricultural activity under Section 36 of the Income Tax Act: Gujarat HC

October 29, 2022 3732 Views 0 comment Print

Gujarat High Court held that the activity of dairy business cannot be construed as agricultural activity under Section 36 of the Income Tax Act, 1961.

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