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CCI allowed investigation against Flipkart, Amazon for alleged Anti-Competitive agreements

June 11, 2021 3210 Views 0 comment Print

Competition Commission of India had allowed to investigate against Flipkart and Amazon for alleged involvement in Anti-competitive Agreements. An order directing investigation be supported by ‘some reasoning’ (CCI Vs. SAIL para 97), which the Commission had fulfilled. Therefore, it would be unwise to prejudge the issues raised by Amazon and Flipkart in these writ petitions at this stage and scuttle the investigation.

No bar on ED to file appeal under section 26 of PML Act, through Assistant Director

June 10, 2021 3423 Views 0 comment Print

Nillesh Parrekh Vs Assistant Director (Calcutta High Court) The Enforcement Directorate (ED) happens to be the specialised financial Investigating Agency under the Department of Revenue, which is entrusted to enforce the provisions of the Prevention of Money Laundering Act, 2002 (PML Act). As such, it will be utterly fallacious to suppose that only the Director […]

GST Appellate Authority should adopt more liberal approach in matters of condonation of delay

June 10, 2021 4845 Views 0 comment Print

M/s. Shree Udyog Vs Commissioner of State Tax Odisha (Orissa High Court) The difficulties generally faced by lawyers and litigants in applying for and obtaining certified copies of orders is generally known. Acknowledging this reality, the explanation offered for the delay in furnishing such certified copy ought to have been accepted by the Appellate Authority […]

No criminal prosecution on same allegations if departmental proceedings ended in favour of accused

June 10, 2021 3930 Views 0 comment Print

The standard of proof in criminal proceedings was higher than the standard of proof in civil/departmental proceedings. In a reverse case, where criminal proceedings ended in acquittal but simultaneous departmental proceedings continued, the result of the criminal proceedings would not have any bearing on the departmental proceedings, as judgment of the criminal Court was not binding in civil or departmental proceedings.

Transitional Credit: GST Council directed to look into grievance

June 10, 2021 654 Views 0 comment Print

Geep Industries (India) P. Ltd. Vs Union of India (Gauhati High court) As regards this claim of the petitioner that he had made all the attempts to file electronically but because of computer glitches, the same could not be filed and as also been mentioned in the affidavit-in-opposition that the GST Council has been apprised […]

HC allows time barred Appeal for delay due to difficulty in uploading it electronically

June 10, 2021 693 Views 0 comment Print

BVD Power Private Limited Vs State Tax Officer (Madras High Court) Petitioner challenged the impugned order dated 8.12.2018 denying the transitional input tax credit availed by the petitioner for the period between July 2017 and December 2017 on the works contact. Against the said order, the petitioner had attempted to upload the appeal. However, the […]

GST: Validity of Section 13(8)(B) ‘Intermediary Service’ – HC Judges Differs

June 10, 2021 14328 Views 0 comment Print

Dharmendra M. Jani Vs Union of India and others (Bombay High Court) Vide this petition challenge made in this writ petition is to the constitutionality of section 13(8)(b) and section 8(2) of the Integrated Goods and Services Tax Act, 2017. Justice Ujjal Bhuyan while coming to the judgment of the Gujarat High Court in Material […]

Availment of credit of taxes paid by Lessee not affects liability of registered taxpayer to pay taxes

June 10, 2021 921 Views 1 comment Print

Allied Engineers & Builders Pvt. Ltd. Vs Muthoot Finance Limited & Anr. (Delhi High Court) In our view, the present petition is misconceived. Apparently, Petitioner has not received the entire amount against the monthly rent invoices for the period commencing from November 2012 to June 2020. Petitioner contends that the outstanding amount is towards the […]

HC stays section 148 notice for violation of new provisions effective from 1st April 2021

June 9, 2021 23502 Views 3 comments Print

Armada D1 Pte. Ltd. Vs DCIT (Bombay High Court) Notice under Section 148 stayed by Bombay High Court in view of conflict between new Income Tax Provisions for reopening of Assessment with Old Provisions On 3rd June Bombay High Court has stayed the operation of Notice under Section 148 dated 7th April 2021 for Assessment […]

HC set aside assessment by NFAC for no personal hearing

June 9, 2021 4506 Views 0 comment Print

Delhi High Court sets aside NFAC assessment due to lack of personal hearing, emphasizing transparency and accountability in the system.

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