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Magistrate cannot release the vehicle during confiscation proceedings under U.P. Excise Act

March 9, 2022 22659 Views 0 comment Print

Akhilesh Kumar Vs State of U.P. (Allahabad High Court) Question before the court is whether during confiscation proceedings under section 72 of U.P. Excise Act, the Magistrate is empowered to release the vehicle. In case of (Nand vs. State of U.P.) 1997 (1) AWC 41 and (Rajeev Kumar Singh vs. State of U.P. and ors) […]

Court should not interfere at pre-appointment stage of Arbitration for Insufficiency of Stamp Duty

March 9, 2022 1644 Views 0 comment Print

Vivek Mehta Vs KaRRs Designs & Developments (Bombay High Court) In the present case, the MOU is executed on stamp paper of Rs.100/-. Thus, there is no question of the document being “unstamped”. It is at best insufficiently stamped and if a document is insufficiently stamped, then we have to consider the effect of the […]

Overseas Indian Citizens can Seek Divorce before Indian Courts against OCI Partner

March 8, 2022 3462 Views 0 comment Print

As a necessary corollary of the above, in matrimonial causes the precept of ‘spousal–equality’ as a necessary facet of gender–equality enshrined u/a 14 of the Constitution must be given due recognition i.e., ‘truly fair equality of opportunity’ for both persons in the marriage in terms of opting into marriage & opting out, i.e., dissolution of marriage.

Customs: HC set aside punishment order imposing penalty without any enquiry & adjudication 

March 8, 2022 2031 Views 0 comment Print

Dharanidhar Ghosh Vs Union of India (Calcutta High Court) In this matter, petitioner has challenged the impugned order dated 28th January, 2022 passed by the respondent Commissioner of Customs in the case of the petitioner imposing several punishments including Punishment No.V, imposing a penalty of Rs.1 crore under Section 112 (b) of the Customs Act […]

Failure to attend Assessment Proceedings cannot be regarded as a violation of principles of natural justice

March 8, 2022 2253 Views 0 comment Print

Karvy Innotech Ltd Vs Deputy Commissioner (ASSMT) SGST Department (Kerala High Court) While considering the question whether the petitioner was deprived of an opportunity of hearing, this Court bears in mind that, by Ext.P7, petitioner had sought only for two week’s time. By Ext.P9 he had only sought for one more week’s time and by […]

Section 14A disallowance cannot be added to net profit for computing book profits U/s. 115JB

March 8, 2022 2031 Views 0 comment Print

Karnataka State Industrial And Infrastructure Development Corporation Ltd. Vs DCIT (Karnataka High Court) This appeal under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’, for short) has been preferred by the assessee. The subject matter of the appeal pertains to the Assessment Year 2008-09. The appeal was admitted by […]

HC grants bail to STO accused of false VAT Challan postings & Assessment

March 8, 2022 1254 Views 0 comment Print

Ashwinbhai Kantilal Joshi Vs State of Gujarat (Gujarat High Court) It is alleged against the present applicant, a Sales Tax Officer, who retired as Tax Superintendent, that in connivance with Advocate Kamlesh Heruwala and others, under the VAT Act, fraudulent postings and assessment had been done in relation to the registered traders. After hearing The applicant […]

Passing of fraudulent ITC by creating bogus firms- HC grants bail to accused

March 7, 2022 2061 Views 0 comment Print

Mohsin Salimbhai Qureshi Vs State of Gujarat (Gujarat High Court) Present Bail application was filed by, the present applicant, who was allegedly found indulged in receiving and passing of fraudulent ITC to their buyers by way of creating a chain of bogus firms, without physical receipt and supply of goods. HC observed that Section 132(1)(i) […]

AO not supposed to take advantage of assessee’s ignorance to collect tax more than legitimate tax

March 6, 2022 6510 Views 0 comment Print

Devendra Pai Vs ACIT (Karnataka High Court) The fact that the assessment order observes regarding exemption under Section 10(10C) of the Act, which indicates that the Assessing Officer was aware of non-claiming of the exemption. If the judgment of the Apex Court in the case of L. HIRDAY (Supra) and the decision of the Madras […]

TNVAT: Right to Appeal against rectified Assessment Order cannot be denied- HC

March 6, 2022 5211 Views 0 comment Print

S. Sengodan Vs Appellate Deputy Commissioner (ST) (Madras High Court) If a review application was dismissed, the petitioner would have been entitled to file a statutory appeal against the original order of assessment and pray for exclusion of time taken in pursuing the application under section 84 by virtue of Section 14 of the Limitation […]

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