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Borrower has no right of hearing before Magistrate under SARFESI Act

March 31, 2022 7785 Views 0 comment Print

CA. Manisha Mehta Vs The Board of Directors of Represented by its Managing Director of ICICI Bank and ors. (Bombay High Court) The main prayer of the petitioners is for a declaration that natural justice should be read into section 14 of the SARFAESI Act. The SARFAESI Act is intended to facilitate quick recovery of […]

Income Disclosed under VDIS cannot Be combined with Regular Income

March 31, 2022 1602 Views 0 comment Print

Section 70 and 71 mandate that the income disclosed in VDIS shall not be included income under section 139 means income which had already been disclosed and that assessment is not liable to be reopened.

HC stays notice suspending GST Registration of Appellant without specifying the ground of Suspension

March 31, 2022 2439 Views 0 comment Print

SSG Furnising LLP Vs Assistant Commissioner (Delhi High Court) Present petition has been filed seeking quashing of the impugned show cause notice dated 14th February, 2022 issued by the Respondents as well as for directions to the Respondents to remove the suspension of GST Registration of the Petitioner and to declare Rule 21A of the CGST […]

GST: HC granted bail to assessee since all material evidences been gathered during investigation

March 31, 2022 3018 Views 0 comment Print

Rohit Berlia Vs Intelligence Officer, Director General of Goods & Service Tax Intelligence (Orissa High Court) In the instant case, the petitioner was arrested on 05.08.2021 for an offence punishable under Section 132(1)(c) CGST Act, 2017 having availed fake ITC by the firm M/s. Arshee Ventures during the period from July, 2017 to March, 2019. […]

HC dismisses plea for quashing criminal case against Managing Director for accidental death of a worker in a factory

March 31, 2022 4803 Views 0 comment Print

Sabu M. Jacob Vs State of Kerala (Kerala High Court) The sum and substance of the prosecution case is that, the petitioner who is the Managing Director of Kitex Garments Limited failed to ensure, health, safety and welfare of the workers, while they were at work in the factory by providing and maintaining arrangements for […]

HC on allowing to work from after availing maternity benefit

March 31, 2022 1242 Views 0 comment Print

High Court held that Work from home after availing the maternity benefit could be given only in case where the nature of work assigned to the woman is such that it is possible for her to work from home.

GST Evasion of Rs 869 Crores: HC denies bail to accused

March 31, 2022 4080 Views 0 comment Print

Sohan Singh Rao Vs Union of India (Rajasthan High Court) It is admitted position that the petitioner and Vinaykant Ameta were Director in M/s Miraj Products Private Limited. As per the prosecution story, they had evaded tax of Rs. 869 Crores. GST department had seized one truck which was being unloaded at their premises. The […]

Revocation of cancellation of GST registration – HC directs dept to pass speaking order

March 31, 2022 4275 Views 0 comment Print

Pavati Trading Private Limited Vs Deputy Commissioner of State Tax (Calcutta High Court) In this matter, grievance of the petitioner is mainly against the action of cancellation of registration of GST certificate of the petitioner by impugned order dated 28th July, 2020 against which the petitioner had made objection on 31st July, 2020. Thereafter, respondent […]

GST registration cannot be cancelled for inadvertent mistake by CA

March 30, 2022 11889 Views 0 comment Print

Dilipkumar Chandulal Vs State Of Gujarat (Gujarat High Court) It was an inadvertent mistake committed by the Chartered Accountant which led to cancellation of the registration number of the proprietary ship. We are of the view that the respondent No.2 should immediately look into the matter and see to it that the order cancelling the […]

HC direct I-T dept to release Title deeds retained for more than 22 year

March 30, 2022 4698 Views 0 comment Print

Udaya Sounds Vs PCIT (Kerala High Court) Title deeds of the petitioner are retained by the Income Tax department under the colour of a search and seizure for the last more than twenty-two years. Alleging that the retention of the said documents are contrary to law, petitioner has approached this Court seeking directions to return […]

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