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HC quashed Order Passed without considering Adjournment Application

August 2, 2022 1878 Views 0 comment Print

Mittal Plywood And Furniture Vs State of U.P. (Allahabad High Court) From the record, it appears that the first notice was given by the respondent no.2 to the petitioner on 15.03.2022 granting 15 days’ time to submit reply with respect to the allegedly unverified transaction of Rs.3,19,22,729/-. On 30.03.2022, the petitioner submitted online adjournment application […]

Mismatch of Vehicle Number in case of Stock Transfer – HC refers matter back to Dept

August 2, 2022 1554 Views 0 comment Print

Symed Labs Limited Vs. Appellate Joint Commissioner of ST (Telangana High Court) HC set aside penalty levied for mismatch of vehicle number in e-way bill for stock transfer – There was mismatch between the registration number of the vehicle and the vehicle number mentioned in the e-way bill. Statement of the driver was found to […]

Relevant date for Appeal filing limitation is date of upload of demand in Form DRC- 07 

August 2, 2022 5691 Views 0 comment Print

K.P. Shaneej Vs Joint Commissioner (Appeals) (Kerala High Court) Revenue very fairly submits that there are certain judgments of this Court which take the view that without the authenticated copy of the assessment order, an appeal cannot be filed and such authentication will be recognised by the system only when a demand is raised pursuant […]

No penalty despite inadmissible claim of transition credit by taxpayer to protect its interests

August 2, 2022 690 Views 0 comment Print

Tvl. Rashtriya Ispat Nigam Limited Vs Deputy Commissioner (CT) III (Madras High Court) Coming to the imposition of penalty and levy of interest under the impugned order, I am of the view that sustaining the same would be hyper-technical. No doubt, the petitioner has made an inadmissible claim of transition. However, I have noticed earlier […]

Bombay HC applies SC Judgment in Filco Trade to give relief in GST TRAN-1 issue

August 2, 2022 1596 Views 0 comment Print

Ess Infraproject Pvt. Ltd Vs Union of India (Bombay High Court) Bombay High Court applies Supreme Court of India’s Judgment in Filco Trade to give relief in the GST TRAN-1 issue FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT 1. The Hon’ble Apex Court in order dated 22nd July, 2022 in Petition(s) for Special […]

Actions taken by department during enquiry need not necessarily be termed as harassment

August 2, 2022 1236 Views 0 comment Print

HC dismissed petition alleging harassment by Superintendent of GST & held that Actions taken by department during enquiry need not necessarily be termed as harassment

Arbitral award can be challenged u/s 34 only if view adopted is not a possible view

August 1, 2022 753 Views 0 comment Print

Held that an arbitral award can be set aside/ challenged u/s 34 of A&C Act only if an arbitral tribunal’s view is not a possible view and no reasonable person could possibly accept the same.

Order having penal or civil consequences cannot be passed without complying with principles of natural justice

August 1, 2022 1524 Views 0 comment Print

Himanshu Gupta Vs Vs. Narayana Reddy (Karnataka High Court) In terms of Section 421 of the Cr.P.C., a fine can be recovered in a manner as depicted hereinabove. Therefore, non-payment of compensation ensues dire consequences. The scheme of the provision being thus, though no application is filed, the Court may grant interim compensation, but it […]

No Entertainment Duty on Billiard Tables used exclusively by Club members

August 1, 2022 1257 Views 0 comment Print

Santacruz Gymkhana Vs State of Maharashtra (Bombay High Court) Demand of entertainment duty on billiard tables Law as laid down by the Nagpur Bench of this Court in Gondwana Club (supra) will squarely apply to these petitions as well. Paragraphs 5 and 6 of Gondwana Club (supra) read as under :- The word “entertainment” is […]

Whether NCLT order can be challenged in a proceeding under Article 226?

August 1, 2022 8484 Views 1 comment Print

Whether order of the Adjudicating Authority (‘NCLT’) can be challenged in a proceeding under Article 226, has been, recently, analysed in the matter of Tharakan Web Innovations Pvt. Ltd. Vs. National Company Law Tribunal  (1st February, 2022) in W.P. (C) Nos. 27636 of 2020 & 14158 of 2021 before Kerla High Court.

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