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HC stays recovery of GST on royalty paid on account of excavation of sand for brick

April 22, 2022 4908 Views 0 comment Print

Shree Basant Bhandar Int Udyog Vs Union of India (Rajasthan High Court at Jodhpur) Learned counsel for the petitioner has submitted that as per the decision of the Hon’ble Supreme Court rendered in the case of India Cement Ltd. Etc. Vs. State of Tamil Nadu Etc., reported in AIR 1990 SC 85, the royalty is […]

HC explains time limit for passing order under Section 92CA (3) R.W. Section 153

April 22, 2022 5982 Views 0 comment Print

DCIT Vs Saint Gobain India Private Limited (Madras High Court) In the present cases, the Financial Year is 2015-16 and the assessment year is 2016-17. The period of 21 months would commence on 31.03.2017, the assessment year ended on 31.12.2018 normally and the extended period would end on 31.12.2019 and not on 01.01.2020. The contention […]

Are LIC Policyholders entitled to Dividend from Surplus Fund- Bombay HC to Examine; Refuses to stay LIC IPO

April 21, 2022 1674 Views 0 comment Print

BOMBAY HIGH COURT has refused ad-interim relief to stall the proposed Initial Public Offering (IPO) by the country’s oldest and largest insurer –Life Insurance Corporation of India, with a rider that any IPO before the court finally decides the challenge would be subject to the outcome of the petition.

Duty Drawback claim claimable despite availment of ITC

April 20, 2022 5994 Views 0 comment Print

Numinous Impex (I) Pvt. Ltd. Vs Commissioner of Customs (Madras High Court) As far as the goods falling under Customs Heading No. 8483-40-00 of the Customs Tariff Act 1975 are concerned, the rate of duty for goods both covered under these two Columns is only at 2%. Thus, there is no variation as far as […]

HC Quashes Vague order cancelling GST Registration

April 20, 2022 3327 Views 0 comment Print

HC observed that show cause notices, referred to above, and the impugned order are as vague as anything. The issue is now covered by the decision of this Court in the case of Aggarwal Dyeing and Printing Works vs. State of Gujarat & 2 Ors., Special Civil Application No.18860 of 2021, decided on 24.02.2022.

Reassessment Notice based on primacies material related to bogus purchases is valid

April 19, 2022 5331 Views 0 comment Print

In reassessment it is only required to see whether there is prima facie material before the Assessing Officer to initiate proceedings and other requirements under the law, pre­condition i.e. of taking approval/sanction under Section 151, before issuance of notice under Section 148 is followed or not. Whether there is prima facie material available on the basis of which department can reopen case and not sufficiency or correctness of material to be considered.

Revocation of cancellation of GST registration – Cancelled due to non-filing of Returns

April 19, 2022 4701 Views 0 comment Print

Tahura Enterprise Vs Union of India (Gujarat High Court) HC take notice of the fact that the Central Board of Indirect Taxes and Customs extended the time limit for filing application for revocation of cancellation of registration and the limitation for all the orders passed on or before 12.06.2020 was to effectively commence from 31.08.2020. […]

HC Quashes non-speaking orders under GST in Form GST-DRC-07

April 19, 2022 5247 Views 0 comment Print

HC set aside the demand order passed in Form DRC-07 by the Revenue Department, on the grounds of non-speaking order. All the relevant aspects of the matter were not considered and were not reflected in order.

Compliance of Pre-Deposit Under Section 43(5) of RERA Act is Mandatory

April 18, 2022 14166 Views 0 comment Print

Air Force Naval Housing Board Air Force Station Vs U.P. Real Estate Regulatory Authority And Another (Allahabad High Court) The word ‘promoter’ has been deliberately used by the legislature in the proviso to sub-section (5) of Section 43, as sub­section (5) provides a remedy of statutory appeal to any person aggrieved by the direction or […]

High Court Extends One Time Settlement Time Period allowed by Bank

April 18, 2022 15951 Views 0 comment Print

High Court rules in favor of petitioner Amrik Singh, extending OTS payment deadline. Get insights on the DCB Bank case in Punjab and Haryana High Court

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