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Appeal e-filed timely cannot be set-aside for mere delay in certified physical copy submission

October 14, 2022 2004 Views 0 comment Print

G.G. Agencies Girijeshwar Rice Mill Vs State of Karnataka & Ors. (Karnataka High Court) High Court held that as long as the appeal was preferred electronically within the prescribed period, merely because the certified copy was subsequently filed physically by the petitioner / assessee, the said circumstance cannot be made the basis to come to […]

GST ITC refund Scam: HC grants Bail to Gurugram CA

October 13, 2022 7443 Views 0 comment Print

In the present case, he had been paid professional fee for uploading of the refund of Input Tax Credit. The petitioner and his co-accused Sunil Mahalawat were colleagues, as such the UDIN was borrowed by the petitioner from him for uploading and issuance of the CA certificate.

Addition of gift sustainable as nature of relationship with the donor not proved

October 13, 2022 1278 Views 0 comment Print

Madras High Court held that addition of gifts as undisclosed income sustainable as there was no acceptable explanation as to the nature of relationship the gift receiver had with the donor in the course of business transaction.

Bombay High Court grants Bail to Anil Deshmukh

October 13, 2022 1803 Views 0 comment Print

Bombay High Court in a bail application relating to money laundering matter held that the material on record does indicate that the Applicant has been suffering from multiple ailments. Further, the Applicant appears to have roots in society. The possibility of fleeing away from justice seems remote. Accordingly, bail granted

Inequitable or unfair advantage not adequate ground to allow interference to Arbitral Award

October 13, 2022 606 Views 0 comment Print

Madras High Court held that interference with Arbitral Award under Section 34 of the Arbitration and Conciliation Act, 1996 on the ground of inequitable nature or unfair advantage not justified

Issuance of notice u/s 148A based on adequate information is tenable

October 13, 2022 3108 Views 0 comment Print

Orissa High Court held that notice issued u/.s 148A of the Income Tax Act clearly demonstrates that the Assessing Authority had in possession of information about deposit of cash in the banks and hence the same is tenable in law

Foreseen resale of capital investment doesn’t lose its capital nature

October 13, 2022 561 Views 0 comment Print

Calcutta High Court held that the capital investment and resale do not lose their capital nature merely because the resale was foreseen and contemplated when the investment was made.

HC grants Bail to CA/Insolvency Professional in alleged bribery case

October 13, 2022 1497 Views 0 comment Print

Petitioner is a Chartered Accountant by profession and after passing the examination, he became eligible to be appointed as an Insolvency Professional by the Committee of Creditors under Section 3(19) of IBC, 2016 for handling the companies under liquidation.

HC allows delayed filing of appeal against GST Registration cancellation order

October 13, 2022 4035 Views 0 comment Print

Poonamchand Saran Vs Union of India (Rajasthan High Court) It is not disputed that appeal against cancellation of the GST registration can be filed within thirty days which can be extended by a further period of 30 days. The petitioner Poonamchand Saran filed the e-appeal in time but could not submit the hard-copy. On the […]

Bar U/S 69 of Partnership Act not applicable to Arbitration Dispute of Unregistered Partnership Firm

October 13, 2022 4473 Views 0 comment Print

Md. Wasim Vs Bengal Refrigeration and Company (Calcutta High Court) The partnership deed containing the Arbitration Clause has not been disputed by the respondents. It is also not in dispute that it is an unregistered partnership deed. The objection of the respondents is in respect of the bar contained under Section 69 of the Act […]

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