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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 […]

HC Sets Aside Faceless Assessment Order for not providing sufficient time to respond

May 20, 2021 3444 Views 0 comment Print

Blue Square Infrastructure LLP Vs National Faceless Assessment Centre (Delhi High Court) 1. An undue haste by respondent no. 1 in passing the impugned assessment order, as he did not even wait for the completion of the timeframe given in the show cause notice-cum-draft assessment order, dated 20.04.2021, to file a response. 2. The best […]

Writ Petition not maintainable against appealable Assessment Order

May 19, 2021 1581 Views 0 comment Print

Omkara Assets Reconstruction Private Limited Vs ACIT (Madras High Court) In view of the fact that the Assessment Order is appealable and such appeal has been filed by the petitioner, I am not inclined to consider the Writ Petition on merits. Nonetheless, in view of the fact that the main issues for consideration in such […]

Rejection of application for special rate fixation for delay: HC Stays demand

May 19, 2021 732 Views 0 comment Print

Calcom Cement India Limited Vs Union of India (Gauhati High Court) Heard Dr. A Saraf, learned Senior counsel assisted by Mr. P Das, learned counsel for the petitioner. Also present Mr. SC Keyal, learned standing counsel for the respondent GST representing respondent Nos. 2 to 4 and Mr. SS Roy, learned CGC for respondent No. […]

Assessment Order passed on Non-Existing Company is void ab initio

May 18, 2021 3687 Views 0 comment Print

PCIT Vs Sony Mobile Communications India Pvt. Ltd. (Delhi High Court) 1. The Assessment Order was made in the name of the assessee in which return of income was filed but the Assessee had already been amalgamated in another company and so the order was passed in the name of a non existent company. 2. […]

Gauhati HC stays Penalty imposed by Railways for misclassification of goods

May 18, 2021 1587 Views 0 comment Print

Vinayak Logistics and Anr Vs Union of India and 7 Ors (Gauhati High Court) Mr. Saraf, learned Senior counsel submits that such action of demand for misdeclaration that too after delivery of goods is in specific violation of Section 78 and 83 of the Railways Act 1989 and the law is settled by this Hon’ble […]

Conduct of lottery by an outside state: Host state can make appropriate rules to monitor  

May 17, 2021 1608 Views 0 comment Print

State of Kerala Vs Future Gaming & Hotel Services (P) Ltd. (Kerala High Court) The Hon’ble High Court of Kerala in State of Kerala & Ors Vs. Future Gaming & Hotel Services (P) Ltd [WA.No.78 of 2021], declared that a host state (where lottery is selling) has legislative competence to make appropriate rules to scrutiny […]

HC quashes decade old SCN proposing to recover deficit in excise duty payment

May 17, 2021 1713 Views 0 comment Print

Swati Menthol & Allied Chemicals Ltd. and Anr. Vs Commissioner GST & Central Excise (Punjab and Haryana High Court) We find that the notices in the present cases having been issued more than decade back and the proceedings having not been concluded within reasonable time, the same deserves to be quashed. The subject matter in […]

State can allow certain industries to function during unless it shown that such decision was absurd to meanest mind

May 17, 2021 579 Views 0 comment Print

Workmen of Renault Vs State of Tami Nadu (Madras High Court) Workmen of Renault-Nisan, Wipro Infrastructure & MRF filed Petitions with Madras High Court & contended that the safety or health of the workment cannot be compromised to keep the units functioning. High Court Observed as follows:- Prima facie, it appears that a policy decision […]

Abatement of duty cannot be withheld for failure of Excise Superintendent to draw proper proceedings

May 17, 2021 840 Views 0 comment Print

Dharampal Satyapal Ltd. Vs Commissioner of Central Excise and Service Tax (Tripura High Court) In terms of sub-rule (5) of Rule 6 of the Chewing Tobacco and Unmanufactured Tobacco Packing Machines (Capacity Determination and Collection of Duty) Rules, 2010, the machines which the manufacturer does not intend to operate would be uninstalled and sealed by […]

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