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Proclamation of sale of immovable property after due notice to defaulter is justified

May 26, 2022 4017 Views 0 comment Print

IGGI Resorts International Limited Vs Tax Recovery Officer (Madras High Court) Facts- The petitioner was in arrears of income tax for a sum of Rs.29,84,56,331/- for the period prior to the year 2008. Earlier, proceedings were initiated and Tax Recovery certificate was issued on various dates (02.06.2000, 16.01.2003 and 19.03.2007) by the Tax Recovery Officer, […]

Cancellation of GST registration & rejection of revocation application without hearing not sustainable

May 26, 2022 10674 Views 0 comment Print

Order of cancellation of registration and order rejecting application seeking revocation of cancellation are not sustainable as hearing was not granted and proper reasons were not assigned, violating principles of natural justice; Show cause notice issued is bereft of any material particulars and the same is quashed

No provision under Trademark contemplates defence of honest & concurrent to a charge of infringement

May 26, 2022 2847 Views 0 comment Print

Section 12 is essentially a provision which enables the Registrar to permit registration of a mark which is identical or similar to an existing mark in respect of same or similar goods. It does not envisage honest and concurrent user as a defence to an allegation of infringement of a registered trade mark.

Section 148 of NI Act provides minimum 60 days’ time period for depositing fine

May 26, 2022 31542 Views 0 comment Print

Harsh Sehgal Vs State & Anr (Delhi High Court) Facts- The complainant/respondent no. 2, Galaxy Datamatics Pvt. Ltd., averred that the accused no. 1, M/S Takshila Retail Pvt. Ltd., earlier known as M/s Blues Clothing Pvt. Ltd., accused no. 2, Dinesh Sehgal and accused no. 3, Harsh Sehgal, approached the respondent no.2 for a short-term […]

Writ of mandamus cannot be issued on the basis of mere sympathy

May 26, 2022 1575 Views 0 comment Print

Vakiyath Koya Vs State of Kerala (Kerala High Court) Facts- These writ petitions are preferred by owners of stage carriages as well as contract carriages, claiming the benefit of exemption from payment of tax for the period affected by the restrictions and regulations imposed due to Covid-19 pandemic. Petitioners are seeking a writ of mandamus […]

Assessee have independent statutory right to file reply to SCN & draft assessment order

May 26, 2022 1911 Views 0 comment Print

Ketan Ribbons Pvt Ltd Vs National Faceless Assessment Centre Delhi (Delhi High Court) Hon’ble Delhi High Court quashed Assessment Order, Notice of demand and Penalty notice passed on 23-05-2021 during COVID-19 where show cause notice and draft assessment order were issued during lockdown and the assessee could not file any reply. The court further was […]

Credit notes not affecting input tax already deposited not to be treated as taxable turnover

May 26, 2022 5142 Views 0 comment Print

Credit notes not affecting input tax already deposited cannot be treated as taxable turnover by the extended meaning of Section 2 sub-section (lii) Explanation VII of Kerala Value Added Tax Act.

Reassessment notice dealing with question of facts, can’t be challenged before HC

May 26, 2022 1878 Views 0 comment Print

Reassessment notice under Section 148 of IT Act i.e, impugned notice if carried to its logical end, in the facts and circumstances of the case, will clearly neutralize all these arguments and the writ petitioner assessee bank will not be aggrieved in any manner.

Once insolvency petition is admitted, moratorium effect is to be given to pending suits or proceedings as per section 14

May 25, 2022 3315 Views 0 comment Print

Srei Equipment Finance Limited Vs Additional / Joint/ Deputy / Assistant CIT (Calcutta High Court) Facts- The appellant had filed the writ petition challenging the notice dated 23rd March, 2022 which is an opportunity granted to the assessee to show cause as to why the proposal made in the notice by way of giving effect […]

Gurugugram CA arrest by GST Dept. – Submission by Dept. in Court

May 25, 2022 91242 Views 0 comment Print

CGST, Gurugram (Anti Evasion) Vs Gaurav Dhir (Chief Judicial Magistrate, District Courts, Gurugram) U/s 132(1)) r/w 132(1)(b)(C)(e)(f) CGST Act 2017 Date of Arrest: 18.05.2022 Involvement: lllegal availment of GST refund amounting to Rs. 7,60,89,626/- File No. GEXCOM/AEVRFN/77/2022 AE-O/OCOMMR-CGST-GURUGRAM APPLICATION SEEKING 14 DAYS JUDICIAL REMAND OF THE ACCUSED GAURAV DHIR 1. Brief facts of the case […]

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