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Arbitral Award Vitiated By Serious Fraud & Criminal Conspiracy

July 10, 2022 1719 Views 0 comment Print

Bali Nagwanshi Vs State of Chhattisgarh (Chhattisgarh High Court) The main contention of the respondent State, respondent-BRPL and respondent- Union of India is this that the whole process for determination of compensation was based on fraud and criminal conspiracy, as out of numerous land oustees, only two of them, namely, Bali Nagwanshi and Neelima Belsariya […]

Provisions of ESI Act applicable to BCCI as its activities are commercial in nature

July 9, 2022 1503 Views 0 comment Print

Since the nature of activities conducted by the Board Of Control for Cricket in India were commercial activities, therefore, the appellant Board was covered by the provisions of ESIC Act and was liable to pay ESI contribution on the wages paid to the coverable employees.

Recovery more than pre-deposit, based on order never served on petitioner, is illegal

July 9, 2022 1290 Views 0 comment Print

Recovery of demand more than statutory pre-deposit amount, on the basis of adjudication order, which was never served on the petitioner is declared as arbitrary and illegal

No reference to Arbitration unless clear unequivocal denial of a right

July 9, 2022 2190 Views 0 comment Print

There was no right to apply for reference of a dispute to arbitration until there was a clear and unequivocal denial of the right asserted by one party by the other.

Summary of SCN in Form DRC-01 is not a substitute of SCN U/s. 74(1)

July 8, 2022 9072 Views 0 comment Print

As per Rule 142(1)(a) of the JGST Rules, the summary of show cause notice has to be issued electronically to keep track of the proceeding initiated against the registered persona whereas a show cause notice need not necessarily be issued electronically.

Validity of SCN: HC direct GST dept to consider applicability of Circular No. 52/26/2018-GST

July 8, 2022 1818 Views 0 comment Print

PEETEE Coach Builders Private Limited Vs Union of India (Madras High Court) The petitioner has challenged the impugned show cause notice dated 15.12.2020 of the 4th respondent on the ground that the impugned notice is contrary to the circular No.52/26/2018-GST, dated 09.08.2018 of the Government of India, Ministry of Finance (Department of Revenue), Central Board […]

HC condones delay as GST Registration Cancellation affects livelihood

July 8, 2022 3279 Views 0 comment Print

Delay in Filing of Appeal beyond period of 1 month condoned as Cancellation of Registration would affect the livelihood and violate Article 21 of Constitution

Refund allowed of IGST paid by assessee on ocean freight charges

July 7, 2022 6585 Views 0 comment Print

Gujarat HC directed department to grant refund of IGST already paid by the assessee on the amount of ocean freight charges.

Reopening by officer having no jurisdiction vitiate the entire proceedings

July 7, 2022 2787 Views 0 comment Print

Reopening the assessment under section 148(2), by officer having no jurisdiction over the appellant, vitiate the entire reassessment proceedings initiated against the appellant.

Non-completion of disciplinary proceedings, after adequate opportunities, untenable

July 7, 2022 5214 Views 0 comment Print

More than adequate opportunities to complete the disciplinary proceedings arising from Departmental Charge Sheet dated 16.07.2015 had been granted by the CAT firstly in 2016, and then again in 2020. Extension rightly not granted

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