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HC rejects GST Writ petition & grants condonation on account of Covid-19 situation

July 19, 2022 2586 Views 0 comment Print

Held that when there is an appeal remedy available under Section 107, it is the settled proposition that, writ petition cannot be filed by invoking the extraordinary jurisdiction. Petitioner can file an appeal before the Appellate Authority and file a condone delay petition stating the Covid-19 situation.

Addition by brushing aside the records submitted by assessee are unsustainable

July 18, 2022 1305 Views 0 comment Print

Held that assessee submitted the records. Hence, the assessee has discharged his initial burden and the burden shifts on the assessing officer to enquire further into the matter which he failed to do.

GST exempt on services provided by applicant to schools/education organizations in relation to ASSET examination

July 18, 2022 5115 Views 0 comment Print

Educational Initiatives Pvt. Ltd. Vs Union of India (Gujarat High Court) The writ-applicant claimed that the services provided by it to the schools/education organizations in relation to the ASSET examination is exempted from the payment of the GST under the Entry No. 66(b)(iv) of the Notification No.12/2017-Central Tax (Rate) dated 28th June 2017 as well […]

Amount debited from bank of assessee – Gross abuse of power – HC

July 18, 2022 5628 Views 0 comment Print

HC held that We fail to understand, prima facie, as to how the authorities get this power to take away amount from anybody’s account without account holder’s permission or even after taking away the money, they would not even consider it necessary to inform the account-holder that money from their account has been debited. This is nothing but high handedness and gross abuse of power.

MVAT: Govt can impose mandatory pre-deposit condition for Appeal filing

July 17, 2022 3408 Views 0 comment Print

Held that the State of Maharashtra has legislative competence to enact amendment to incorporate a condition/modifying the earlier condition for entertaining an appeal for a mandatory pre-deposit for filing appeals against the assessment orders pertaining to all the goods after 16th September 2016

Motor Vehicles Act : 6 Month Limitation period for filing claim applicable from 01.04.2022

July 17, 2022 122874 Views 0 comment Print

Held that the limitation period of six months is applicable from 1st April 2022. Accident in this case had occurred on 23.05.2019. Accordingly, limitation period of six months u/s 166(3) of Motor Vehicles Act doesn’t apply.

HC grant Bail to CA in case of alleged negligence in stock audit & Fraud

July 16, 2022 7455 Views 0 comment Print

Since the ex-promoters/directors and similarly situated chartered accountants have been granted bail, there is no reason why the Applicant should be treated any differently. Bail granted

Offence committed by firm is also an offence committed by partners

July 16, 2022 4323 Views 0 comment Print

Held that if an offence committed by the firm, is also an offence committed by the partners, it cannot be bifurcated as partners and the firm

Limitation period of provisional attachment not extended based on SC order post pandemic

July 15, 2022 3423 Views 0 comment Print

Held that the 180 days window in Section 5 contemplates an end-point whereas the Supreme Court in the Suo Motu writ petition sought to protect the starting-point, which was at the risk of being defeated by reason of the pandemic.

GST: Every economic offence cannot be treated in same manner for Bail

July 15, 2022 1419 Views 0 comment Print

In the matter of bail, there is no straitjacket formula for consideration of bail to an accused as it all depends upon the facts and circumstances of each case.

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