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Ensure Functioning of GSTAT Benches in UP by 01.04.2021: HC

February 9, 2021 1491 Views 0 comment Print

Torque Pharmaceuticals Pvt. Ltd. Vs Union of India And 5 Others (Allahabad High Court) It is pertinent to mention that dealers in the State of Uttar Pradesh falling under the CGST Act/ U.P. GST Act and aggrieved with the orders of first appellate authority under Section 107, have been left remediless inasmuch as Appellate Tribunal […]

Amount paid by Mistake or ignorance of Repealment of Act must be Refunded: HC

February 9, 2021 1815 Views 0 comment Print

WS Retail Services Private Limited Vs State of Jharkhand (Jharkhand High Court) It is the case of the petitioner, undisputed by the respondent that petitioner is not a registered dealer under JVAT Act, 2005 nor has been assessed to tax under the Act. No demand notices were raised against the petitioner as such to the […]

GST: HC conditionally lift provisional attachment of petitioner’s share in escrow A/c

February 9, 2021 1713 Views 0 comment Print

We direct that until decision is taken on the objection filed by the petitioners by respondent No.2, petitioner No.1 shall maintain a balance of Rs. 5,00,000.00 in the escrow account out of the share belonging to the petitioner No.1. In effect, we lift the provisional attachment in so far as petitioner No. 1’s share in the escrow account is concerned subject to maintaining credit balance of Rs. 5,00,000.00 by petitioner No. 1 out of its share and direct that respondent No.4 would be at liberty to transfer / remit the proportionate amount due to petitioner No. 1 to the account of petitioner No.1 and maintain balance of Rs. 5,00,000.00 till the aforementioned decision is taken.

Delhi HC stays notices for conducting Service Tax audit

February 9, 2021 2817 Views 0 comment Print

T.R. Sawhney Motors Pvt.Ltd. Vs Union of India (Delhi High Court) T. R. Sawhney Motors Private Limited v. UOI, WP(C) 2138/2019 & CM Appl. No. 10002/2019 (Stay) wherein the Court has relied the judgment of M/s. OWS Warehouse Services LLP vs. Union of India 2018 (19) GSTL 27 (Guj) and stayed the notices issued by […]

GST: HC notice to UOI in alleged harassment & physical violence case

February 9, 2021 1560 Views 1 comment Print

This is one more matter wherein serious allegations of harassment, coercion, threats, etc. have been alleged against the respondents Nos.4 and 5 respectively herein. It appears that the search was undertaken under Section 67 of the Act at the premises of the writ applicant, and in the course of the search, the respondents Nos.4 and 5 are alleged to have caused undue harassment to the writ applicant. It is alleged that the writ applicant was forced and threatened to transfer an amount of Rs.2.68 Crore by way of the DRC – 03.

HC directs GSTN to help in transfer of ITC

February 8, 2021 1017 Views 0 comment Print

Netrika Trends Vs Deputy Commissioner Appeals (Gujarat High Court) HC disposes writ­ application with a direction to the respondents that once the writ­ applicant comes forward with a request for transfer of the Input Tax Credit in accordance with the provisions contained in Section ­18 of the Act, the request shall be immediately look into […]

HC set aside Criminal Case related to setting up of Bitcoin ATM

February 8, 2021 1023 Views 0 comment Print

B V Harish Vs State of Karnataka (Karnataka High  Court) In this case Karnataka High Court quashed and set aside a criminal case registered against founders of Bitcoin company, Unocoin for setting up a Bitcoin ATM in Bengaluru in 2018 as  the case has been registered against the petitioners based on the Circular dated 06.04.2018 […]

HC refuses anticipatory Bail in ‘Bitcoin’ Fraud Case

February 8, 2021 2067 Views 0 comment Print

If it is proved by the applicant accused that his health condition is not good then I do not intend to arrest the applicant accused subject to his cooperation in investigation on following points – i)  If the applicant accused is ready to share all the credential of crypto wallet and relevant information. ii)  If the applicant accused is ready to deposit Rs.1,25,32,691.00 (Liability of the applicant accused) to the Hon’ble Court. iii) If the applicant accused is ready to submit his property details, bank account, mail credentials.

HC stays attachment of Properties by ED after approval of resolution plan by NCLT

February 8, 2021 2796 Views 0 comment Print

Union Bank Of India E Andhra Bank Vs Union Of India & Ors. (Delhi High Court) Considering the fact that the resolution plan has already been approved in this matter, and that the ED’s order of provisional attachment of the properties of Respondent No. 4 has been passed after the approval of the resolution plan […]

HC imposes cost of Rs.50000 on Department for filing belated Appeal with it despite tax effect of less than Rs. 1 Crore

February 8, 2021 990 Views 0 comment Print

When the appeal was taken up learned Counsel for the appellant submitted the tax effect involved in the present appeal is below ₹ one crore. He prayed for withdrawal of the present appeal.

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