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.
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.
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 […]
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.
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
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.
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
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
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.
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.