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Initiation of reassessment proceedings, without notice u/s 148, is bad in law

July 14, 2022 1896 Views 0 comment Print

Held that as notice for reopening of assessment u/s 148 was not served, within the time stipulated u/s 149, reassessment proceedings initiated u/s 147 is untenable in law

GST Registration cannot be denied by violation of principles of natural justice

July 14, 2022 6762 Views 0 comment Print

B.C. Mohankumar Vs Superintendent of Central Goods & Service Tax (Madras High Court) Rejection of application for GST registration: HC heold that order in this case is non-speaking, arbitrary and evidently has not taken into account the explanation furnished by the petitioner. Learned counsel for the respondent refers to Rule 9(4), particularly the deployment of […]

Bombay HC admit PIL on 3% contributions to be made by registered public trusts

July 14, 2022 2346 Views 0 comment Print

Devendra Prakash Shah Vs State of Maharashtra (Bombay High Court) 1. We have heard Mr. P. B. Shah, learned advocate appearing in support of this writ petition. 2. Having read the averments made in the writ petition and the relief claimed therein, we are of the considered prima facie view that because of the lapse […]

APVAT: HC directs Revenue to grant refund of excess payment along with interest due to delay

July 14, 2022 1626 Views 0 comment Print

Venkateswara Electricals Vs State of Andhra Pradesh (Andhra Pradesh High Court) HC Directs Revenue Department to grant refund of the excess payment along with the interest due to delay The Hon’ble Andhra Pradesh High Court in M/s Venkateswara Electricals v State of Andhra Pradesh [Writ Petition No. 4072 of 2022 dated March 9, 2022] directed […]

Dispute on amount of interest Granted by HC – HC ask dept to submit application for review/modification

July 12, 2022 420 Views 0 comment Print

Sanjeevkumar S/o Biharilal Kabra Vs Union of India (Bombay High Court) 1. The matter is placed on board for speaking to minutes in respect of order dated 22.04.2022 passed by this Court. 2. The learned counsel for the petitioners seeks clarification of the order, more particularly in so far as directions issued in paragraph no.43 […]

Telangana Value Added Tax (Second Amendment) Act, 2017 is unconstitutional

July 12, 2022 2568 Views 0 comment Print

Sri Sri Engineering Works Vs Deputy Commissioner (CT) (Telangana High Court) Challenge made in this batch of writ petitions is to the constitutionality of Telangana Value Added Tax (Second Amendment) Act, 2017. It is the contention of the petitioners that Telangana Value Added Tax (Second Amendment) Act, 2017 is ultra vires the Constitution of India and thus […]

Relevant date for claiming Pension Scheme is date of actual appointment & not date of approval of appointment

July 12, 2022 2580 Views 0 comment Print

HC held that the relevant date for claiming Old Pension Scheme is the date of actual appointment and not the date of approval of appointment.

Non-filing of Section 8 application under Arbitration Act not amounts to surrendered to jurisdiction of court by petitioner

July 12, 2022 6609 Views 0 comment Print

Jammu & Kashmir HC clarifies non-filing of Section 8 application doesn’t waive arbitration rights. Anita Mehta seeks arbitrator appointment.

Refund of Service Tax paid by Mistake cannot be denied on Limitation ground: HC

July 12, 2022 2169 Views 0 comment Print

Bellatrix Consultancy Services Vs Commissioner of Central Tax (Karnataka High Court) It is not in dispute that assessee had paid service tax on an erroneous assumption that it was liable to pay the taxes. The Assessing Authority has allowed a part of the claim. Thus, according to the Assessing Authority, appellant is not liable to […]

Scolding Employee to Maintain Office Discipline not an offence under IPC

July 12, 2022 6723 Views 0 comment Print

When an employee is scolded just with a view to maintain office discipline and out of fear or being hyper­sensitive, if an employee commits suicide, that would not constitute an offence attracting provisions of Section 306 of Indian Penal Code as the action taken by the employer was in good faith to maintain office discipline.

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