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ENA & Malt Spirit in original form not to get ‘C’ Form

May 18, 2022 2349 Views 0 comment Print

ENA and the Malt Spirit in its original form are not the alcoholic liquor fit for human consumption and would therefore, not come within the amended definition of clause(d) of Section 2 of the CST Act and in view thereof, the petitioner would not be entitled to get the ‘C’ Form, as claimed by the petitioner herein.

GST: Section 129 Order without affording opportunity of hearing to assessee is invalid

May 18, 2022 4104 Views 0 comment Print

Premium Traders Vs State of U.P. (Allahabad High Court) It is admitted case of the respondents that the invoice accompanied with the goods in question was issued by the petitioner. Therefore, the respondent no.3 has committed a manifest error of law not to afford any opportunity of hearing to the petitioner despite persuasion made by […]

Extraordinary Jurisdiction of HC cannot be invoked if alternative remedy available to litigant

May 18, 2022 1848 Views 0 comment Print

When there was an alternative and equally efficacious remedy open to a litigant, he should request to pursue that remedy and not invoke the extraordinary jurisdiction of the High Court.

Excess Stock declared to bank is taxable as Unexplained Investment

May 18, 2022 4746 Views 0 comment Print

The entire controversy revolves around the question as to whether the assessee has been able to provide explanation for difference of stock between the stock submitted to the bank as on 28/3/2005 and the stock indicated in the audit report for the period ending 31/03/2005 relating to raw material, stock-in-process and finished goods.

HC directs AO to consider representation of Assessee – Section 148A(d)

May 18, 2022 1044 Views 0 comment Print

Purnadisha Trading Private Limited Vs Union of India (Calcutta High Court) Petitioner in this writ petition has challenged the impugned order dated March 30, 2022 under section 148A(d) of the Income Tax Act, 1961 (Annexure P1/p.21) on the grounds that the impugned order dated March 30, 2022 has been passed by the assessing officer concerned […]

Delhi HC Directs Centre to Fill Up Vacant Posts in Central Excise & Service Tax Settlement Commissions

May 17, 2022 1770 Views 0 comment Print

Yashpal Singh Vs Union of India (Delhi High Court) The Delhi High Court has directed the Centre that the process of appointment of Chairman and one Member for the Principal Bench at Delhi and appointment of Vice-Chairman and one Member for the Additional Bench at Mumbai be completed within six weeks. It further direct the […]

Daughter in Law cannot Claim Maintenance from Her Father in Law (FIL) if FIL not inherited any Estate from his son

May 17, 2022 21390 Views 0 comment Print

Laxmi & Anr Vs Shyam Pratap & Anr. (Delhi High Court) The petitioners have claimed maintenance under the Act 1956. Section 19 of the Act provides for maintenance to a widowed daughter-in-law. The daughter-in-law can claim maintenance from her father-in-law provided he has inherited some estate of her husband. The appellant has failed to disclose […]

Change of opinion not constitutes reason to believe for Income escapement

May 17, 2022 1680 Views 0 comment Print

Change of opinion does not constitute justification and/or reason to believe that income chargeable to tax has escaped assessment.

Security Deposit or Bank Guarantee condition cannot be imposed merely for Weak Financial Condition of a Party

May 17, 2022 4062 Views 0 comment Print

Manish Aggarwal Vs RCI Industries And Technologies Ltd. (Delhi High Court) In the present case, quite clearly, the learned Sole Arbitrator has declined to grant the interlocutory order sought by the appellants in exercise of his discretionary power under section 17 of the A&C Act. Has this discretionary power been exercised in a manner that […]

HC condones delay of 3330 Days occurred due to Inaction of Advocate

May 17, 2022 12132 Views 1 comment Print

Condoning delay of 3330 Days HC held that a party should not suffer due to inaction of advocate & matter should be decided on merits

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