Applicant was not entitled to be released on anticipatory bail for allegedly involved in wrongfully availing ITC on the basis of fake bills of RS. 737 crores as if assessee was enlarged on anticipatory bail then, there were all chances that assessee would tamper with the evidence and witnesses and at the time of trial, assessee would not be available.
High Court dismissed to entertain a petition pertained to reversal of input tax credit (ITC) under Section 19(4) of TNVAT Act as assessee had statutory alternative remedy to file an appeal or revision as the case may be under the Act.
In present facts of the case, the Hon’ble Madras High Court dismissed the writ petition filed against order under Section 27 of TNVAT Act, by observing that alternate remedy is available to file appeal under Section 51 of TNVAT act as in the impugned order detailed finding on facts has been provided.
Nayara Energy Limited Vs Union of India (Gujarat High Court) On substantive part, there is no adjudication which is necessary as the respondent – authority agrees to credit the amount of Rs.50,88,42,582/- in account of the petitioner and sum of Rs.39,05,121/- in the account of the Consumer Welfare Fund by issuance of payment advice RFD-05. […]
Bank could not withhold the original documents of the mortgage property in question for another dues under PMMY scheme, once assessee had repaid the loan as the financial assistance advanced by bank under PMMY Scheme was advanced without any collateral security.
Indian Oil Corporation Limited Vs Commissioner of Central Excise & GST (Madras High Court) Facts- Exemption claimed by the petitioner was rejected. Thereafter, the petitioner sought settlement of dispute under the Sabka Viswas (Legacy Dispute Resolution) Scheme, 2019. However, revenue argued that lubricant figures in 4th schedule of the Act and such goods are expressly […]
Sunil Tandon Vs Union of India (Delhi High Court) Conclusion: Writ petition was not maintainable on account of the alternative statutory remedies available to assessee before NCLT/ NCLAT . Held: Assessee approached High Court on the ground that under the proviso to Section 241(2), it was only the Principal Bench of NCLT at Delhi which […]
In the said case, the Hon’ble High Court rejected appeal of Revenue and have observed that deduction under Section 36 would be available to the assesse as the business undertaken by the assesse could not be termed as extension of its business.
Cognizant Technology Solutions India P. Ltd. Vs Asst.CIT (Madras High Court) Facts- Impugned notice was issued under section 148 for reopening of the assessment. The petitioner questioned the legal validity of the initiation of the reopening proceedings. Conclusion- If the Assessing Officer has reason to believe that the particular issue has not been considered or […]
Evertime Overseas Private Limited Vs Union of India and ors. (Bombay High Court) Evertime Overseas Private Limited (Petitioner) filed petition claiming that he is entitled to refund under the provisions of Section 16 of the Integrated Goods and Services Tax Act, 2017 (IGST Act). Factually, the Petitioner claimed the refund under the provisions of Section […]
