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Insider trading in land cannot be criminalized; FIRs quashed

January 19, 2021 1776 Views 0 comment Print

Insider trading was only made an offence in India under the SEBI Act, 1992 and it essentially deals with the sale and purchase of securities in the field of stock market based on nonpublic material information. No provision akin to Section 12-A and 15-G of the SEBI Act was incorporated in IPC by the Parliament relating to private sale transactions of purchase or sale of land which was an immovable property by invoking the said concept/theory of insider trading. 

Petitioner cannot be made to suffer for No provision of restoration of GST registration in Software: HC

January 18, 2021 1848 Views 0 comment Print

Vidyut Majdoor Kalyan Samiti Vs State of U.P. (Allahabad High Court) The contention that there is no provision of restoration of a GST registration, once it has been cancelled borders on the absurd. In case, no provision for its restoration has been made in the software, the same is not the fault of the petitioner […]

Cash credit account cannot be attached provisionally under GST

January 18, 2021 3648 Views 0 comment Print

Cash credit account cannot be attached provisionally by virtue of power under Section 83 of the Act. We are of the view that the provisional attachment of the cash credit account bearing No.510044021166 maintained with the Kotak Bank is not sustainable in law.

Rule not prescribe for cancellation of e-way bill if no transportation of goods is made within 24 Hours

January 18, 2021 14826 Views 0 comment Print

Explore the Allahabad High Court judgment on Anandeshwar Traders vs State of U.P. regarding e-way bill cancellation, transportation timelines, and additional evidence in tax matters.

GST classification Issue: HC directs GST Authorities to not to detain person called for recording any evidence

January 18, 2021 1185 Views 0 comment Print

Nowrangroy Agro Private Limited Vs Union of India (Calcutta High Court) The officer holding the enquiry shall receive the documents after preliminary scrutiny thereof and should release the person producing such documents immediately thereafter without detaining him for recording any evidence. The officer shall make a full study of the documents so produced on 29th […]

HC quashes Criminal proceeding against Azim Premji & his wife

January 18, 2021 2199 Views 0 comment Print

Since complainant was neither Registrar of companies nor a shareholder of the company or a person authorized by the Central Government to file the complaint, therefore, the complaint  was dismissed as no other person can initiate any criminal proceeding against a company for the offence committed under the Act of 2013 .

Reassess Customs Duty on Bills of Entry- HC directs Custom Authorities

January 18, 2021 13608 Views 1 comment Print

Dimension Data India Private Ltd. Vs Commissioner of Customs And Anr. (Bombay High Court) The expression “mistake” appearing in section 154 of the Customs Act may be defined as something done unintendedly or through inadvertence. The section itself says that the error in any decision or order should be due to any accidental slip or […]

Section 83 attachment order cannot be passed by Assistant Commissioner

January 18, 2021 1575 Views 0 comment Print

Himanshu Infraprojects Pvt. Ltd. Vs Commissioner, Central Goods & Services Tax (Punjab & Haryana High Court) In the present case Section 83 order was passed by the Assistant Commissioner.  As per the counsel for the respondents the order itself reveals that it was passed with the consent of the Commissioner. However, this would not be […]

Stamp duty expense on IPO allowable under section 35D

January 18, 2021 5727 Views 0 comment Print

Whether, the Tribunal was justified in law in holding that the expenditure incurred in connection with the issue of IPO inter alia stamp duty is an allowable expenditure under section 35D of the I.T. Act

Bail granted to person accused of availing Fake ITC of ₹ 13.90 Cr

January 17, 2021 1386 Views 0 comment Print

Pawan Kumar Singla Vs. DGGI (Patiala House Court) In the given facts, accused is a old man of 66 years of age apparently having clean antecedents as no evidence has been brought forth by the department to show that he has previously been involved/engaged in similar offences. Further, the conduct of the accused seems to […]

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