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HC explains Arbitration Clause contained in an agreement with respect to composite transaction

August 13, 2022 864 Views 0 comment Print

Bestpay Solutions Private Limited Vs Razorpay Software Private Limited (Karnataka High Court) 1. The petitioner is before this Court seeking for the following reliefs:- “A. Pass An Order U/S 11(6) of the Arbitration & Conciliation Act, 1996 appointing a sole arbitrator as per agreement dated entered on dated: 18/11/2020 to the Arbitration and Conciliation Centre, […]

Section 27 of General Clauses Act Presumes Service of Statutory Notice In Favour of Complainant

August 13, 2022 11487 Views 0 comment Print

Section 27 of the General Clauses Act, as per which, a presumption is raised in favour of the complainant that the notice had, in fact, been delivered.

Tax credit cannot be denied for deposit under wrong head

August 13, 2022 1200 Views 0 comment Print

There is no dispute that petitioners deposited taxes, however, the mistake which petitioners have committed is that they deposited tax under minor head ‘200’ instead of ‘400’.

Alleged purchase from suspicious & fake suppliers – HC declines Bail to accused

August 13, 2022 1305 Views 0 comment Print

Basudev Mittal Vs Union of India (Chhattisgarh High Court) It is alleged that the applicant has illegally availed Input Tax Credit of more than Rs.5,00,00,000/- by purchasing the goods from several suspicious and fake suppliers whose registration had already been cancelled. During search, it also came to the forefront that more than 700 vehicles, against […]

GST Registration cannot be cancelled without Hearing Opportunity with specific date & time

August 13, 2022 1212 Views 0 comment Print

Jinesh Associates Vs Commissioner of Commercial Taxes (Karnataka High Court) Proviso to Section 29(2) of Karnataka Goods and Services Tax Act specifically observes that there shall be no cancellation of GST registration without giving an opportunity of being heard. Accordingly, during the course of proceedings relating to cancellation of registration, there is a statutory mandate […]

Provisions of section 143A of NI Act are directory not Mandatory

August 11, 2022 67158 Views 0 comment Print

Ashwin Ashokrao Karokar Vs Laxmikant Govind Joshi (Bombay High Court) Held that the provisions of section 143-A of the Negotiable Instruments Act, 1881 are directory and not mandatory as a discretion was conferred upon the Court, to either grant or not to grant interim compensation. Facts- The respondent/Complainant filed proceedings u/s. 138 of NI Act, […]

Transfer of Income Tax File without opportunity of hearing: HC grants interim relief

August 11, 2022 372 Views 0 comment Print

Golden Goenka Commerce Pvt. Ltd Vs PCIT (Calcutta High Court) By these writ petitions, petitioners have challenged the impugned orders of transfer of petitioners’ income tax file from Kolkata to Lucknow under Section 127(2) of the Income Tax Act, 1961. It is the case of the petitioner that before passing the impugned order of transfer […]

GST Assessment order passed without issuing SCN for Assessment Period is invalid

August 11, 2022 2232 Views 0 comment Print

HC held that GST Assessment order passed without issuing SCN for the period of Assessment is invalid & criticized Assessing Officer for half-baked, incomplete and internet acquired knowledge and for not following principle of natural justice.

Intention to refer to arbitration should be emphasized in case of vague arbitration clause

August 10, 2022 4305 Views 0 comment Print

Held that intention of the parties to have their disputes arbitrated and that the same is paramount even where the dispute resolution clauses are vaguely worded or where there is an ambiguity in choice of the mechanism to be adopted.

Government liable to compensate for negligence of Government hospital

August 10, 2022 3114 Views 1 comment Print

Held that Government is vicariously liable for negligence on the part of the Government hospital. Court ordered lumpsum compensation of Rs. 5 Lakhs payable to the petitioner.

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