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MEIS Scheme benefit cannot be given if petitioner not opted for it in Shipping Bill

April 18, 2022 4092 Views 0 comment Print

Adroit Industries (India) Ltd. Vs Union of India (Madhya Pradesh High Court) Facts of the case are not in dispute to the effect that the petitioner during the relevant period i.e. 2015-20 was entitled to avail the benefit of MEIS but could not avail of such benefit as the concerned staff did not declare the […]

Arbitration Agreement – Analysis of recent Delhi High Court Judgement

April 18, 2022 6270 Views 0 comment Print

Parsvnath Developers Ltd Vs Future Retail Limited (Delhi High Court) Arbitration Agreement : Sufficiency of stamp duty on agreement & nature of contract cannot be adjudicated by Court U/s 11 Of A&C Act. The dispute as to whether the contract was sufficiently stamped or not, and the averments made by the petitioner with respect to the […]

Erroneous grant of refund and return of such refund amount- HC directs dept to re-credit/restore ITC in in electronic tax ledger

April 18, 2022 3441 Views 0 comment Print

I-Tech Plast India Pvt. Ltd. Vs State Of Gujarat (Gujarat High Court) In so far as the erroneous grant of refund and return of such refund amount together with interest by the writ-applicant is concerned, the same is undisputed. That being the case, the first part of the transaction is nullified inasmuch as the amount […]

HC directs dept. to complete delayed final GST assessment proceedings within 2 Months

April 18, 2022 816 Views 0 comment Print

Modern Syntex Vs Assistant Commissioner of CGST And Central Excise (Gujarat High Court) The grievance of the writ-applicant is that the final GST  assessment proceedings are yet to be undertaken. No final assessment order has been passed till this date. We have gone through the affidavit-in-reply filed on behalf of the respondents. We do not […]

Fraudulent Claim of ITC of ₹9.97 crores: HC grants Bail to Accused

April 18, 2022 1062 Views 0 comment Print

The allegation against applicant is that he and a co-accused have set up a number of fictitious companies, which are being used for the purposes of defrauding the government. It is contented that the accused persons have opened banks accounts in fictitious names and provided their telephone numbers and email addresses in this respect.

CESTAT Order on Classification of Goods & Determination of Customs Duty Appealable only before SC

April 18, 2022 3036 Views 0 comment Print

Commissioner of Customs II JNPT Vs Axiom Cordages Ltd. (Bombay High Court) Impugned order of CESTAT and the appeal memo clearly indicates that the main controversy which arises for determination is in the nature of classification dispute, which relates directly and proximately to the rate of duty applicable for the purpose of assessment and therefore the […]

Pre-deposit Payment by Parent Company is proper compliance: HC

April 18, 2022 507 Views 0 comment Print

St. John CFS Part Pvt. Ltd. Vs Commissioner of Central Excise (Madras High Court, Madurai Bench) Taking note of the pendency of the merger proceedings, the parent company namely, M/s.St.John Freight System Limited, deposited the money as directed by the conditional order. The Tribunal has refused to accept such deposit as a proper compliance with […]

HC allows expense on payment of bonus to Directors

April 18, 2022 6066 Views 0 comment Print

PCIT Vs BMO Advisors Pvt. Ltd. (Delhi High Court) This Court in AMD Metplast Pvt. Ltd. V. DCIT, (2012) 341 ITR 0563 as well as in CIT v. Career Launcher India Ltd., (2013) 358 ITR 0179 (Delhi) has upheld grant of bonus by companies to its directors. Consequently, this Court is of the view that […]

Vehicle carrying goods ought not to be stopped/seized by authorities for expiry of E-way bill

April 18, 2022 37956 Views 2 comments Print

Podder & Podder Industries Private Limited Vs State of Tripura and others (Tripura High Court) HC held that balance has to be brought between transportation of goods as well as the taxing event i.e. the sale or purchase of goods of service. In a case where there is no doubt that a transaction is made […]

VAT refund after 01.07.2017 must be Processed Under Section 142 (3) of CGST Act, 2017: HC

April 18, 2022 2685 Views 0 comment Print

Rainbow Stones Private Limited Vs Assistant Commissioner (ST) (Madras High Court) Under Section 142(3) of CGST Act, 2017, it is provided that, every claim for refund filed by any person before, on or after the appointed day (i.e. 01.07.2017), for refund of any amount of CENVAT credit, duty, tax, interest or any other amount paid […]

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