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Relief under SVLDRS depends on amount in arrears of duty

August 28, 2022 1107 Views 0 comment Print

Held that action of Designated Committee by first deducting the amount of deposit made by petitioners during enquiry, investigation or audit and, thereafter, extending relief to the petitioners by computing the amount of tax due on the outstanding amount, is not as per the mandate of the Scheme.

Total joint application of financial creditor above INR 1 Crore can initiate CIRP u/s 7

August 27, 2022 4749 Views 0 comment Print

Held that application u/s 7 for triggering CIRP may be initiated by a financial creditor either individually or jointly with other financial creditors with total minimum threshold for initiation of CIRP being fixed at INR 1 Crore.

Punjab and Haryana HC stays Section 148 Notice & Section 148A(d) order

August 27, 2022 5979 Views 0 comment Print

Challenge in writ petition before Punjab and Haryana High Court was to Notice under section 148 and subsequent order under section 148-A(d)  as well as CBDT Instructions No.1 of 2022 dated 11.05.2022.

Goods/Vehicle cannot be Detained without Opportunity of Defending to Person Transporting

August 27, 2022 771 Views 0 comment Print

Explore the Jharkhand High Court’s ruling in AMI Enterprises vs Union of India on GST transit violation and procedural infirmities.

Bombay HC stayed Section 148 proceedings for AY 2014-15

August 27, 2022 13134 Views 2 comments Print

Bombay High Court stayed proceedings under Section 148 of Income Tax Act for AY 2014-15. Initial notice was issued after time limit expired

Ex-parte Order are violative of principles of natural justice

August 27, 2022 2487 Views 0 comment Print

HC set aside order denying ITC, raising demand & direction given for freezing bank account as order violates principles of natural justice

Inordinate delay in adjudication of show cause notice not sustainable

August 27, 2022 2919 Views 0 comment Print

Held that impugned show cause notice cannot sustain as there has been an inordinate delay in adjudication of the same.

One line order dismissing appeal for delay in submission is invalid

August 27, 2022 4323 Views 0 comment Print

HC set aside one line order dismissing appeal of assessee on the ground of delay in submission without supporting detailed reasons

Summons have to be issued as a last resort

August 26, 2022 1602 Views 0 comment Print

Eversub India Private limited Vs Union of India & Ors. (Delhi High Court) Summons under  circulars dated 23.12.2019, 26.02.2007 and 20.01.2015, and the guidelines incorporated in the circular dated 05.11.2019 have to be issued as a last resort; the contention being that if information can be obtained from officers working for an entity, then the top […]

CESTAT allows refund of excise duty Paid as EOU before conversion to DTA unit

August 26, 2022 645 Views 0 comment Print

Ercon Composites Vs Union of India (Rajasthan High Court) Shorn of legal technicalities what emerges is that the petitioner as a 100% EOU would have made purchases of raw material and inputs from the local market without payment of excise duty as well as not born duty on final product manufactured by it on a […]

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