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Writ cannot be entertained as an efficacious statutory remedy is available to petitioner: HC

September 3, 2020 942 Views 0 comment Print

Paradeep Phosphates Ltd. Vs Asst. Commissioner, CGST And Central Excise (Orissa High Court) we are of the considered opinion that since an efficacious statutory remedy is available to the petitioner to assail the legality and validity of the order passed under Annexure-5, this Court should be slow in entertaining the writ petition at this stage. […]

HC set aside Order passed on the basis of a report which was not provided to Appellant

September 3, 2020 1815 Views 0 comment Print

whether non furnishing of scrutiny report to the assessee and then passing an adverse order based on the said scrutiny report is justified in law?

GST: Release goods and vehicle on payment of 25% of tax amount- HC

September 3, 2020 912 Views 0 comment Print

Balaji Steel Rolling Mills Ltd. Vs State of Tripura (Tripura High Court) Petitioner has challenged the seizure/detention of goods/materials by the Superintendent of State Taxes  by the order dated 17.02.2020 on the ground that e-Way bills tendered for the goods in movement stood expired when the vehicle entered within the territory of the State of […]

Joint DGFT cannot review his own orders: HC

September 2, 2020 2397 Views 0 comment Print

Simplex Infrastructures Ltd. Vs. Union of India (Madras High Court) Joint DGFT has no powers to review his own orders in view of Section 16 of the FTDR Act. There can be no review of an earlier refund except in accordance with the provision of Section 16 of the FTDR Act, which only permits the […]

Credit Rating of Securities – Jindal Power Ltd. Vs ICRA Ltd

September 2, 2020 4698 Views 0 comment Print

Jindal Power Ltd. v. ICRA Ltd. (Delhi High Court) In order to protect the interest of investors and help them make an informed decision, SEBI has made credit rating of securities offered by Indian companies by way of public or rights issues to be mandatory.  The rating signifies the ability and willingness of the issuer […]

Withholding of Income Tax refund mere due to issue of Scrutiny is not valid

September 2, 2020 1179 Views 0 comment Print

Conner Institute of Health Care And Research Centre Pvt. Ltd. Vs ITO (Delhi High Court) The exercise of withholding of refund under section 241A of the Act, pursuant to notice u/s 143(2) of the Act, without recording justifiable reasons, is not in consonance with the legislative intent and mandate of the aforesaid provision. The reasons […]

Holding of goods without order of seizure/ confiscation is without authority of law

September 2, 2020 4485 Views 0 comment Print

Ganesh Benzoplast Ltd. Vs Union of India (Bombay High Court) Facts- Government made standard marking of IS 252:2013 mandatory on caustic soda from 03.04.2018. Consignment containing caustic soda was imported by the petitioner vide bill of entry dated 01.11.2018. BIS licence was issued vide licence dated 30.09.2019. It was alleged that the said import was […]

Reversal of ITC Merely by Adopting Uniform or Ad-hoc Percentage is unsustainable

September 2, 2020 9720 Views 1 comment Print

The present Writ Petitions relate to restriction of the amount of Input Tax Credit (ITC) predominantly on the head of (a) Prior sufferance of Taxes; (b) ITC on reversal on wastage; and (c) Ineligible claim of ITC on goods.

HC Set Aside Directors Disqualification on June 2017 considering CFSS 2020

September 2, 2020 4455 Views 0 comment Print

Companies Fresh Start Scheme, 2020 provides an opportunity for active companies who may have defaulted in filing of documents, to put their affairs in order. It thus provides Directors of such companies a fresh cause of action to also challenge their disqualification qua the active companies.

Refund of ACD on Import cannot be Rejected Merely for Missing Model Number in Sale Invoice

September 1, 2020 1239 Views 0 comment Print

The issue under consideration is whether the rejection of refund of additional custom duty merely because the model number is missing in sale invoice is justified in law?

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