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GST: Vehicle cannot be seized For Want of Second E-Way Bill if First Was Valid

June 4, 2022 1404 Views 0 comment Print

Assistant Commissioner Vs Ashok Kuamr Sureka (Calcutta High Court) We need not go into the controversy as to whether there was a break down of the vehicle, etc. The case has to be approached by considering the bona fides of the transaction as to whether the case warrants detention of the goods and collection of […]

Gratuity allowable from period of employment till regularisation of employment

June 3, 2022 4773 Views 0 comment Print

High Court favoured an order passed by the Controlling Authority/ Appellate Authority under the Payment of Gratuity Act, 1972, which directed government bodies to pay gratuity amount claimed by former employees from the time they were employed as daily wage earners till their employment was regularised.

HC directs ACIT to grant credit of tax challans & to pass a rectification order

June 3, 2022 870 Views 0 comment Print

PTC India Financial Services Limited Vs ACIT (Delhi High Court) Present writ petitions have been filed seeking directions to the Respondents to grant credit of tax challans and to pass a rectification order for the assessment year 2016-17 and accordingly refund the excess amounts recovered from the petitioner along with interest. Learned Counsel for the […]

ITC transfer from one state to another is not an inward supply

June 3, 2022 4680 Views 0 comment Print

JSW Steel Ltd. vs. Union of India (Orissa High Court) Odisha HC – Input Service Distributor can claim input tax credit only in the case of an inward supply, and an input tax credit transfer from one state to another is not an inward supply. Judgement The Odisha High Court ruled that since no such […]

HC set-aside REAT direction restraining all construction activity in absence of RERA registration

June 3, 2022 3477 Views 0 comment Print

Praveen Chhabra Vs Real Estate Appellate Tribunal (Delhi High Court) Facts- The petitioner had challenged the order passed by the Real Estate Appellate Tribunal dated November 24, 2021. As per the order, the Delhi Real Estate Appellate Tribunal had stayed all the construction activities, including residential and commercial activities, in the national capital that were […]

No stamp duty on award for compensation under Section 3(G) NHA

June 3, 2022 2928 Views 1 comment Print

HC held that no stamp duty is liable to be paid on an award for compensation made under Section 3(G) National Highway Act, 1956 (NHA).

Title ‘SHOLAY’ uniquely connote the film & cannot be used as domain name

June 3, 2022 1959 Views 0 comment Print

HC held that The use of the mark ‘SHOLAY’ as part of domain names and company names, etc. are completely illegal & unlawful

GST Detention proceedings invalid if valid documents accompanied goods

June 3, 2022 3861 Views 0 comment Print

Once the valid document i.e. e-way bill was accompanying with the goods, the authorities ought to have release the vehicle.

Agreement challenged on the ground of fraud or forgery is not arbitrable

June 3, 2022 12903 Views 0 comment Print

An arbitration agreement is separable from the main agreement. It is only in cases where the allegation of forgery or fraud are in respect to the existence of arbitration agreement itself, the disputes would not be arbitrable.

Compounding scheme of TNVAT Act, 2006 is optional & constitutionally valid

June 3, 2022 2676 Views 0 comment Print

There is no compulsion to opt under Section 6 of the Tamil Nadu Value Added Tax Act, 2006 and it is open to a works contractor to pay taxes under section 5.

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