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Bogus GST ITC- HC rejects bail to prevent Tampering of Evidence

August 18, 2020 2064 Views 0 comment Print

Mr. Ashok Kumar Vs Commissioner CGST & Central Excise (Bombay High Court) Taking into consideration, the facts of the case, though the officers under the CGST Act, cannot seek custody of the arrested persons for completing the investigation, respondent’s contention that applicant’s detention in custody is necessary to prevent him from causing the evidence of […]

Gujarat HC quashes VAT order passed due to Procedural Lapses

August 18, 2020 4212 Views 0 comment Print

Vivaa Tradecom Pvt. Ltd. Vs State of Gujarat (Gujarat High Court) The Gujarat High Court quashed the order and the demand notice passed by the respondent authority because of the procedural lapses and remitting the matter back to the respondent authority for fresh hearing. The first writ applicant, M/s Viva Tradecom Pvt. Ltd is a […]

Order passed by Ignoring Cross Examination Request is unlawful

August 17, 2020 1623 Views 0 comment Print

The issue under consideration is whether the order passed by AO by denying the cross examination request of custom banker as well as bank officials is justified in law?

HC Restrain CG to Appoint Lawyers as Technical members to GSTAT

August 17, 2020 855 Views 0 comment Print

High Court restricted the Central Government from appointing technical members to the Goods and Services Tax Appellate Tribunals (GSTAT) until further orders.

GST Order Served by Uploading it on Web Portal is Valid

August 17, 2020 3573 Views 0 comment Print

whether the serving of assessment order by uploading it on web portal and not communicated separately to the assessee will be considered as valid under law?

Section 40(a)(ia) amendment is Curative & is Retrospective

August 17, 2020 2454 Views 0 comment Print

whether Tribunal is right in holding that amendment made to Section 40(a)(ia) by Finance Act, 2010 would apply retrospectively though the amendment is made with effect from 01.4.2010? 

HC imposes cost on Punjab National Bank for frivolous litigation

August 17, 2020 4260 Views 0 comment Print

Punjab National Bank Vs. Mithilanchal Industries Pvt. Ltd. (Gujarat High Court) In the present case, the borrower took an objection of non-compliance of sub-section (3), in his objection / representation given sub-section (3A), but despite the same the Bank – Secured Creditor in the present case rejected the objection instead of ensuring the compliance of […]

HC restrains Govt from appointing Technical Members to GSTAT until further orders

August 17, 2020 828 Views 0 comment Print

Revenue Bar Association Vs Union of India (Madras High Court) Madras High Court restrained the Central Government from appointing technical members to the Goods and Services Tax Appellate Tribunals (GSTAT) until further orders vide its order dated 17.08.2020. FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT Heard Mr.Rahul Unnikrishnan, learned counsel for the appellant and […]

Stay rejection without considering contentions of petitioner is invalid

August 17, 2020 867 Views 0 comment Print

The issue under consideration is whether the Entertainment Tax will be levied on Master System Cable Operator?

HC explains when Transfer to holding company cannot be regarded as Transfer

August 16, 2020 2187 Views 0 comment Print

CIT Vs Shardlow India Ltd. (Madras High Court) In this case The assessment was reopened on 06.8.2013 by issuing a notice under Section 148 of the Act on the ground that the assessee transferred some portion of its land at Sembium to its holding company namely M/s.Simpson & Co. Ltd., for a consideration of Rs.375 […]

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