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Taxpayer cannot be deprived of ITC for technical glitch in portal

February 16, 2022 5388 Views 0 comment Print

Ezzy Electricals Vs State of Gujarat (Gujarat High Court) HC held that if the writ applicant is otherwise entitled to claim the Input Tax Credit under Section 18(1)(c) of the Act, a technical glitch in the portal should not deprive him of such a claim. It was within the capacity of the department itself to […]

Financial crisis can be considered for condonation of delay

February 15, 2022 4758 Views 0 comment Print

Nandlal Namdev Otwani Vs Vijay Jayprakash Ahuja (Gujarat High Court) HC held that At this stage only the point needs to be considered as to whether the delay occurred in preferring the said Appeal from Order is well explained or not. Now as the legal settled proposition which has been set-out here-in-above, considering the prevalent […]

Joint commissioner is directed to quantify the duty, bond amounts etc. and release black pepper consignment

February 13, 2022 1476 Views 0 comment Print

The captioned matter pertains to import of Black Pepper of Sri Lankan origin, seizure of the same on alleged grounds of over valuation to circumvent a custom notification and the captioned matter pertains to release of consignment under Section 110A of ‘the Customs Act, 1962.

Better to Abolish Tribunals If Govt cannot Appoint Presiding Officer/Chairman In DRT/DRAT

February 13, 2022 1182 Views 0 comment Print

Canara Bank/Assets Recovery Mgmt. Branch Vs Debts Recovery Tribunal (Allahabad High Court) 1. Notices in Writ A No.682 of 2022 on behalf of respondent Nos.2 and 3 has been accepted by Mr.Amarjeet Singh Rakhra, Advocate and Mr. Rakesh Srivastava, Advocate respectively. learned Additional Chief Standing Counsel. Notices in Writ C No.692 of 2022 on behalf […]

GST Authority should follow procedure under Section 70 of CGST Act: HC

February 13, 2022 2643 Views 0 comment Print

Dhariwal Products Vs Union of India (Rajasthan High Court) By way of the instant writ petition, the petitioner seeks to assail the action of the respondent GST Department and its officials in conducting search and seizure of the petitioner’s premises, coercing the petitioner to deposit a huge sum of Rs.11.5 crores during the course of […]

Contempt petition against Civil judge for disregarding the binding precedents

February 13, 2022 5601 Views 0 comment Print

Yogesh Waman Athavale Vs Vikram Abasaheb Jadhav (Bombay High Court) 1. The petitioner, by way of filing the present petition prays for initiating contempt proceedings against respondent No.1, who is Civil Judge, Junior Division and Judicial Magistrate First Class, Chiplun, District Ratnagiri, for allegedly disregarding the binding precedents of the Superior Courts. 2. The petitioner, […]

HC dismisses petition against Assessment order under TNVAT as portioner not replied Assessment notices for 8 years

February 13, 2022 672 Views 0 comment Print

Kaveri Home Needs Vs State Tax Officer (Madras High Court) Considering the fact that the petitioner has shown scant regards of the assessment proceedings under the TNVAT Act, 2006, I do not find any merits in the present writ petition. Further, this writ petition has been filed for an order which came to be passed […]

Suicide by employee on allegations of work place stress – HC grants anticipatory bail to Director

February 13, 2022 3003 Views 0 comment Print

Dr. Surendra Manjrekar Vs State of Maharashtra (Bombay High Court) IN this case F.I.R. itself shows that the deceased was taking treatment for his stress management. He was disturbed and in the disturbed state of mind he had committed suicide. So, there is possibility that his commission of suicide was a result of his mental […]

Meghalaya Cement Cess Act, 2010 ultra vires the Constitution: HC

February 12, 2022 846 Views 0 comment Print

Meghalaya High Court held that State had no authority to impose cess in terms of the Meghalaya Cement Cess Act, 2010 and by annulling the Act as ultra vires the Constitution and requiring the State to refund 20 percent of the amount realized on such count from the individual petitioners to such petitioners

Interest on blocked ECL for more than one Year- HC issues notice to GST commissioner

February 12, 2022 1116 Views 0 comment Print

Petitioner would like to press for grant of interest as ITC under Rule 86A of the Central Goods and Services Tax Rules, 2017 could have been blocked only for a period of one year. He emphasises that in the present case the blocking has been done for two years.

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