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GST: HC cannot act as a fact finding & verification authority

September 12, 2022 1197 Views 0 comment Print

Md. Yusuf Vs State Tax Officer (Calcutta High Court) The issue involved is highly disputed question of fact with regard to registration of the ‘Teak Sawn Timber’ not tallying with the declaration made in the E-way bill and invoices and further there is no existence of consignor at his registered place of business, this Court […]

HC allows carry forward of unutilised transitional credit as per SC decision

September 12, 2022 2199 Views 0 comment Print

Aarti Industries Limited Vs Union of India (Gujarat High Court) The petitioner wants to file ‘Form GST Tran-I’ to enable the petitioner to claim the carried forward eligible duties of CENVAT/ Input Tax Credit on account of Service Tax, Central Excise and Gujarat Value Added Tax on the appointed day i.e 30.6.2017 in terms of […]

HC Jurisdiction under Section 11 of Arbitration Act is not curtailed by Commercial Courts Act

September 12, 2022 7488 Views 0 comment Print

In present facts of the case, the Hon’ble High Court observed that in no manner under Commercial Courts Act, the Jurisdiction of the High Court under Section 11 has been either disturbed or divested in matters of appointment of an arbitral tribunal as provided for under section 11 of the Arbitration and Conciliation Act, 1996

NHAI is Best Judge to Decide Suitable land For Highway Construction: HC

September 11, 2022 1776 Views 0 comment Print

HC held that National Highway Authority is the best judge to decide which land would be suitable for the construction of the Highways.

Post-Conviction Compounding of Cheque Bounce Offences Permissible

September 11, 2022 3729 Views 0 comment Print

Court, while exercising power under Section 147 of Negotiable Instruments Act, can proceed to compound offence even after recording of conviction by courts below.

Joint petition not maintainable for different cheque bounce issues

September 11, 2022 2361 Views 0 comment Print

Petitioner filed instant petition under Section 482 of Cr. P. C challenging four complaints filed by respondent against him alleging commission of offences under Section 138 of Negotiable Instruments Act. These four complaints pertain to four different cheques.

Rule 12 of CA rules not debar Director of Discipline from entertaining 7 year old complaint

September 10, 2022 3915 Views 0 comment Print

Held that rule 12 Chartered Accountants (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 does not expressly debar the Director Discipline from entertaining a complaint merely because it may relate to acts of misconduct committed seven years prior to the same being lodged.

HC directs dept to revoke suspension of GST registration cancellation

September 10, 2022 2499 Views 0 comment Print

Bisweswar Midhya Vs Superintendent (Calcutta High Court) The Hon’ble Calcutta High Court in Bisweswar Midhya v. The Superintendent, CGST [MAT No. 1376 of 2022 with IA No. CAN 1 of 2022 dated September 01, 2022] disposed off the writ petition directing the assessing authority to forthwith revoke the suspension of the assessee’s registration. Further directed […]

Remedy for Claiming Condonation of delay in ITR Filing Lies with CBDT

September 10, 2022 3381 Views 0 comment Print

Sudipta Basu Vs ITO (Delhi High Court) Delhi High Court is of the view that Section 119(2)(b) of the Act read with CBDT Circular No. 9/2015 provides a remedy to the Assessees to seek condonation of delay, in cases where Assessee could not file their income tax returns within time due to genuine hardship. Consequently, […]

HC Imposes Cost of Rs. 25,000 on petitioner for misuse of law by filing review petition

September 10, 2022 1734 Views 0 comment Print

Elora Tobacco Company Limited Vs Union of India of Indirect Taxes (Madhya Pradesh High Court) The present review petition is nothing but a misuse of the process of law and wasting valuable time of the court with the intention to take one more chance instead of approaching the Supreme Court of India. Hence, the review […]

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