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Tribunal cannot reject Miscellaneous Application, without examining the merits

December 11, 2020 3036 Views 0 comment Print

Application and affidavits filed in support thereof discloses sufficient cause for non-appearance. The Tribunal, has inappropriately rejected the Miscellaneous Application, without examining the merits of the said submissions. Paras 5 and 6 of the Impugned Order, as reproduced above, reveal that the Tribunal dismissed the Miscellaneous Application merely on the ground that the Petitioner had sought frequent adjournments

Interim custody of Vehicle seized for offence under NDPS Act can be granted

December 11, 2020 29418 Views 0 comment Print

Tikeshwar Singh Vs State of Chhattisgarh (Chhattisgarh High Court) Vehicle seized for commission of offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985; interim custody can be granted under Section 451/457 of the Code of Criminal Procedure, 1973. FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT 1. This petition under Section […]

Determine existence of international transaction between Assessee & its AE involving AMP expenses: HC to TPO

December 10, 2020 933 Views 0 comment Print

PCIT Vs Yum Restaurants India Pvt. Ltd (Delhi High Court) The Court sets aside the impugned order and the corresponding orders of the AO/TPO and the DRP as regards the issue of AMP expenses and remands the issue concerning the determination of the existence of an international transaction between the Assessee and its AE involving […]

HC directs Custom authorities to release Vessel MT Global on Furnishing of Bond & Deposit

December 10, 2020 2616 Views 1 comment Print

Global Ace Shipping Lines Inc. Vs Office of The Principal Commissioner of Customs (Import-I) and Another (Bombay High Court) If a conveyance is used as a means of transport in the smuggling of any goods, it shall be liable to be confiscated. However, it will not be confiscated if the owner proves that it was […]

Bail to person accused of wrongfully availing ITC Granted by HC

December 10, 2020 1278 Views 0 comment Print

Present application is allowed. The applicant is ordered to be released on regular bail in connection with the order dated 29.10.2020 passed by the respondent No.2, Superintendent (Prev.), Central GST & C. Excise, Vadodara-II in File No. GEXCOM/AE/INV/GST/559/2020 on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

Share Transfer by assessee to its wholly owned subsidiary cannot be considered as a Gift

December 10, 2020 4458 Views 0 comment Print

PCIT Vs Redington (India) Limited (Madras High Court) These appeals have been filed by the Revenue under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) challenging the common order dated 07.07.2014 passed by the Income Tax Appellate Tribunal ‘D’ Bench, Chennai (for brevity “the Tribunal”) in I.T.A.No.513/Mds/2014 (filed by […]

Normal Depreciation allowable in computing real income under Section 11(1)(a)

December 10, 2020 843 Views 0 comment Print

Indian Institute of Engineering Technology Vs DCIT (Madras High Court) With regard to disallowance of depreciation, it is not disputed by the learned Senior Standing Counsel for the Revenue that the issue is clearly covered in favour of the assessee by the decision of the Hon’ble Supreme Court in the case of CIT Vs. Rajasthan […]

Declaring a person ‘fraud’ & ‘willful defaulter’ without giving a chance to explain or Challenge is Invalid

December 10, 2020 16863 Views 0 comment Print

Rajesh Agrarwal Vs Reserve Bank of India (Telangana High Court) Aggrieved by the non-inclusion of principles of natural justice in the Master Directions on Fraud (‘the Master Circular’, for short), dated 01.07.2016, issued under Section 35A of the Banking Regulation Act, 1949 by the Reserve Bank of India, aggrieved by the decision of the Joint […]

HC quashes petition against rejection of duplicate SLVDR application

December 10, 2020 786 Views 0 comment Print

Sai Sun Outsourcing Services Private Ltd. Vs Union of India & another (Madhya Pradesh HC) Petitioner filed two applications, on 28.12.2019 and 14.01.2020 to avail the benefit of SVLDRS Scheme which was processed on the basis of correctness of “Tax Dues” declared in the application with reference to the amount of duty quantified in the […]

HC quashes Non-Speaking GST Registration cancellation order

December 10, 2020 2394 Views 0 comment Print

Vimal Yashwantgiri Goswami Vs. State Of Gujarat (Gujarat High Court) Be that as it may, we are inclined to quash the impugned order dated 25th February 2020 passed by the Commercial Tax Officer on the short ground that the same is a non-speaking order passed without any application of mind. It is very sad to […]

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