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Provisions of IBC was having overriding effect over other State Acts

May 24, 2021 5646 Views 0 comment Print

Provisions of the IBC was having overriding effect over other laws and the same would prevail in view of Section 238 of the Code. Hence, the proceedings initiated against assessee under Section 7(1) of the Act, 2004 was quashed.

Delhi HC Quashes IGST Notification on Oxygen Concentrators

May 22, 2021 8496 Views 0 comment Print

Gurcharan Singh Vs Ministry of Finance (Delhi High Court) 1. Persons who are similarly circumstanced as the petitioner, i.e., those who obtain imported oxygen concentrators as gifts, for personal use, cannot also be equated with those who import oxygen concentrators for commercial use. Therefore, notification bearing no. 30/2021-Customs, dated 01.05.2021, will also have to be […]

Actual User condition under Form ANF2B for import authorization whether mandatory or not to be decided afresh

May 21, 2021 2553 Views 0 comment Print

Shah Nanji Nagsi Exports Pvt. Ltd. Vs Joint Directorate General of Foreign Trade (Bombay High Court) Conclusion: The order in respect of the core issue was the insertion of ‘actual user’ condition stipulated under Application Form ANF2B for import authorization in the two licences, whether such insertion was legally permissible or without entering into this […]

HC directs Hindustan Coca-Cola to Reply show cause-cum-demand notice

May 21, 2021 1785 Views 0 comment Print

Hindustan Coca-Cola Beverage Pvt. Ltd. Vs Union of India and others (Bombay High Court) From a perusal of the show cause-cum-demand notice dated 09.05.2019 it is seen that according to respondent No.3, information was received that petitioner was engaged in the business of manufacturing and supply of various beverages and packaged drinking water. Petitioner supplied […]

File fresh representation before GST authorities to rectify mistakes in GSTR-1: HC

May 21, 2021 1245 Views 0 comment Print

Neeta Sales Corp Vs State Of U.P. And 2 Others (Allahabad High Court) 1. The Allahabad High Court directed the petitioner to file a fresh representation before GST Authorities to rectify mistakes in GSTR-1. 2. The division bench of Justice Sunita Agarwal and Justice Sadhna Rani said that without entering into the merits of the […]

Tribunal cannot Transfer Case on Account of Convenience of Respondent

May 21, 2021 2640 Views 0 comment Print

MSPL Limited Vs PCIT (Bombay High Court) Tribunal Cannot Transfer Case On Account of Convenience of Respondent Out of State Bench And Even Such Administrative Order Can Be Challenged In Writ Bombay High court classical and landmark decision on power of Tribunal while analysing Rule 4 of ITAT rules regarding transfer of case from bench […]

Notice of Vat Audit invalid if issued beyond limitation date of Reassessment

May 21, 2021 20688 Views 0 comment Print

Yogi Petroleum Vs Commissioner of VAT (Bombay High Court) Bombay high court landmark decision in Yogi Petroleum and Others Vs Commissioner of VAT quashing VAT AUDIT OF BUSINESS AFFAIRS NOTICE when issued beyond time limit from reassesssment u/s 34 of VAT regulations of 4 years and other host of issues analysed in tax matter writ […]

Interest on refund amount u/s 11BB to be sanctioned after delay of 3 months by respective authorities

May 21, 2021 10797 Views 0 comment Print

Qualcomm India Private Limited Vs Union of India And Others (Bombay High Court) Conclusion: Once there was delay in payment of refund within three months from the date of receipt of application, rigors of section 11BB set in and payment of interest on the delayed refund became obligatory. Non-granting of interest in such a case […]

No Service tax on Food Served as ‘Take Away’ or ‘Parcels’

May 20, 2021 5442 Views 1 comment Print

Explore the tax implications on take-away food sales by Anjappar Chettinad A/C Restaurant. Madras High Court judgment, expert insights, and legal analysis provided.

Plea seeking Revision in SOP for filing Appeal with NCLAT

May 20, 2021 738 Views 0 comment Print

Nitya Sharma Vs NCLAT (Delhi High Court) The Delhi High Court on Thursday issued notice in a plea seeking directions on the National Company Law Appellate Tribunal (NCLAT Principal Bench at Delhi) to modify its SOP dated January 3, 2021 by allowing only electronic filing in view of the prevalent situation amid second Covid wave. Also […]

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