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GST showed in Invoice as SGST/CGST instead of IGST – Shown correctly in E-way Bill- Penalty Imposable?

August 22, 2022 4314 Views 0 comment Print

In the invoice accompanying the goods, the tax paid was shown to be under CGST & SGST, whereas it should have been shown as tax paid towards IGST. However, in the E-way bill accompanying the goods the tax paid was correctly shown as paid towards IGST.

Bank Guarantee Encashment before appeal filing period expiry is unjustified

August 21, 2022 2649 Views 0 comment Print

HC Held that authorities cannot encash Bank Guarantee given by Assessee before expiry of statutory period available for filing an appeal.

Arbitration application u/s 11(6) not maintainable as barred by limitation

August 20, 2022 3135 Views 0 comment Print

Held that application u/s 11(6) for appointment of an arbitrator after the period of cause of action got extinguished is not maintainable

Arbitration clause doesn’t bar reference to MSE Facilitation Council

August 20, 2022 1413 Views 0 comment Print

Held that section 18 of MSMED Act and section 7 of A&C Act clarifies that dispute can be referred to Facilitation Council for conciliation and subsequent arbitration if required. Thus, arbitration clause in agreement would not bar reference of dispute to the Facilitation council

GST Registration can’t be Cancelled on Mere Whims & Fancies of Proper Officer

August 20, 2022 12543 Views 0 comment Print

GST registration cannot be cancelled on mere whims and fancies of Proper Officer. It may be cancelled under section 29(2) of CGST Act 2017

HC imposes Rs. 10 Lakhs Cost on NGO for Blackmailing Citizens via PIL

August 20, 2022 11802 Views 0 comment Print

It is very unfortunate that the noble forum of PIL is now being used for blackmailing the citizens. This is not a PIL at all. It is, in fact, a litigation based upon certain photographs resulting in blackmailing type of litigation.

Tax demand Relating to issues already decided in Assessee’s Favour cannot be recovered

August 20, 2022 1368 Views 0 comment Print

Court have categorically held that recovery of demand against issues which have been decided in favour of Assessee is wholly unwarranted.

Practice of fixed term appointment with consecutive renewals is not recognised under Industrial Disputes Act 1947

August 19, 2022 1581 Views 0 comment Print

SC held that practice of engaging workman by separate but consecutive appointment orders of short duration with a view to opposing workman’s claim is not recognised by clause (bb) of Section 2(oo) of Industrial Disputes Act 1947

Income Tax department expresses regret for filing infructuous appeal

August 19, 2022 1626 Views 0 comment Print

There was no need for filing this appeal due to subsequent ITAT order & Income Tax department expresses regret for filing infructuous appeal

Mere company winding up order not absolve from Proceedings u/s 138 of NI Act 

August 19, 2022 6234 Views 0 comment Print

An order of winding-up which automatically came into force upon a default in compliance with the consent terms executed on behalf of the company, and its directors could not be placed on the same pedestal as an order passed on merits, especially in a case like the one at hand where it appeared to be in the nature of a device to obviate the liability at that moment.  Therefore, the court dismissed the application for quashing of the complaints under section 138 read with 141 of the NI Act.

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