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HC dismisses PIL and imposes ₹50k Cost on litigant for misleading the court

April 6, 2022 2766 Views 0 comment Print

Ram Prasad Rajouriya Vs State of U.P. and others (Allahabad High Court) one of the two cherished basic values by Indian society for centuries is “satya” (truth) and the same has been put under the carpet by the petitioner. Truth constituted an integral part of the justice-delivery system in the pre-Independence era, however, post-Independence period […]

Partner of Firm who Attended Survey cannot Dispute Stock Quantity recorded during survey at later stage

April 6, 2022 627 Views 0 comment Print

The only dispute has been raised by the counsel for the applicant before this Court is only that the estimate of 40 tons has wrongly been recorded by the authorities; whereas, no actual weightment was made by the surveying authority.

VAT: Recovery Proceedings initiation before Expiry of Time for Filing Appeal is Impermissible – Kerala HC

April 6, 2022 3339 Views 0 comment Print

K.T. Joseph Vs Deputy Commissioner of State Tax (Kerala High Court) Disposing writ petition in K T Joseph Vs. Deputy Commissioner of State Tax & Ors, the Hon’ble high Court of Kerala has observed that initiating recovery proceedings even before the expiry of the said period will make the appeal practically redundant. The petitioner herein […]

Arbitrator Appointment cannot be challenged under Section 14 of A&C Act

April 6, 2022 4308 Views 0 comment Print

Sacheerome Advanced Technologies (SAT) Vs NEC Technologies Pvt. Ltd. (NECI) (Delhi High Court) In the present case, the petitioner did not make any application challenging the appointment of learned Arbitrator under Section 13 of the Arbitration and Conciliation Act, 1996 (A&C Act); it filed an application styled as under Section 16 read with Section 14(1)(a) […]

HC restrains use of mark ‘Evening Moment’ which is similar to trademark ‘Magic Moment’

April 6, 2022 972 Views 0 comment Print

Radico Khaitan Limited Vs Sarao Distillery (OPC) Pvt. Ltd (Delhi High Court) The present injunction application has been filed seeking ad interim injunction in respect of the use of the mark ‘EVENING MOMENT’ by the Defendants, which is deceptively similar to the Plaintiff’s mark ‘MAGIC MOMENTS’ registered in Class 33 for alcoholic beverages. A perusal […]

Unmarried Daughter Can Claim Marriage Expenses from Parents Hindu Law

April 6, 2022 10980 Views 0 comment Print

Rajeshwari Vs Bhunu Ram (Chhattisgarh High Court) Section 20 of the Hindu Adoptions and Maintenance Act, 1956 speaks about the maintenance of children and aged parents. Sub section(3) of Section 20 causes obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried, as the case may […]

HC quashes Reassessment notice & Proceeding based on wrong premises

April 6, 2022 1191 Views 0 comment Print

Realization Stock & Equity Pvt. Ltd. Vs. ITO (Calcutta High Court) One of the reasons for reopening of assessment is that no regular assessment under Section 143 (3) of the Act was made in the instant case and even in the last paragraph of the said reason again it has been recorded again that no […]

HC admits Petition for not processing GST TRAN-1 despite its order

April 6, 2022 1335 Views 0 comment Print

Respondents were directed to either re-open the online portal so as to enable the Petitioners to file TRAN-I form electronically for claiming tax credit or to accept the same manually on or before 30.06.2021 and process the same in accordance with law.

Pune district court grants Bail to Tax consultant in GST ITC Scam

April 6, 2022 2073 Views 0 comment Print

The applicant in spite of being a Tax consultant, he has deliberately indulged in the issuance of fake invoices to pass the illegal Input Tax Credit to the end­users and thus defrauded the Govt. Exchequer from its huge legitimate GST revenue.

Opportunity of hearing under GST must before imposing any Tax/Penalty or taking adverse decision

April 6, 2022 4728 Views 0 comment Print

Sree Constructions Vs Assistant Commissioner (ST) (Andhra Pradesh High Court) Sub- Section (4) of Section 75 of CGST Act, reads as under:- ‘An opportunity of hearing shall be granted where a request is received in writing from the person chargeable with tax or penalty, or where any adverse decision is contemplated against such person.’ It […]

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