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Alternative remedy of statutory appeal must be availed before filing Writ in HC

October 25, 2018 966 Views 0 comment Print

Once the petitioner has got efficacious alternative remedy of statutory appeal, the same ought to have been availed by it before invoking the writ jurisdiction of this Court.

Re-Assessment Order under Karnataka VAT after GST rollout is Valid

October 25, 2018 8973 Views 0 comment Print

M/s. Prosper Jewel Arcade LLP Vs The Deputy Commissioner Commercial Taxes (High Court Karnataka) The Court further added that “therefore, the larger constitutional questions raised in the present writ petition and as sought to be canvassed by the learned Senior Counsel for the petitioner like the substitution of Entry 54 in List II, effect of […]

IGST Refund: HC allows modifications in GSTR-1 & GSTR-3B

October 22, 2018 4101 Views 0 comment Print

Star Rays Vs Union of India (Bombay High Court) 1. This petition under Article 226 of the Constitution of India seeks a refund of integrated goods and service tax paid in respect of the goods which have been exported. The refund short is aggregates to an amount of Rs.8.42 crores and covers the period from […]

Advocate cannot seek Salary details of client’s Husband under RTI

October 22, 2018 3513 Views 0 comment Print

Rajesh Ramchandra Kidile Vs Maharashtra State Information (Bombay High Court, Nagpur Bench) Perusal of this application shows that the salary slips for the period mentioned in the application have been sought for by the Advocate. As rightly submitted by the learned counsel for the petitioner, the salary slips contain such details as deductions made from […]

Release detained goods on furnishing of security other than bank guarantee or cash: P&H HC

October 22, 2018 1176 Views 0 comment Print

M/s. Modern Insecticides Limited Vs State Of Punjab And Others (Punjab and Haryana High Court) Section 129(1)(c) of the Act provides that goods can be released on furnishing of security as prescribed. Section 129(2) of the Act provides for application of Section 67(6) of the Act, which in turn has been referred to in Rule […]

Addition for Bogus capital Gain cannot be made merely based on Statement of Assessee

October 22, 2018 1161 Views 0 comment Print

CIT Vs Pooja Agarwal (Rajasthan High Court) One of the main reasons for not accepting the genuineness of the transactions declared by the appellant that at the time of survey the appellant in his statement denied having made any transactions in shares. However, subsequently the facts came on record that the appellant had transacted not […]

HC imposes cost on CST(A) for callous, negligent and disrespectful behaviour shown in Court

October 22, 2018 939 Views 0 comment Print

XLHealth Corporation India Pvt. Ltd. Vs UOI (Karnataka High Court) The total callous, negligent and disrespectful behaviour shown by the Departmental authorities in this Court should not be tolerated at all. It is this kind of lack of judicial discipline which if it goes unpunished, will lead to more litigation and chaos and such public […]

Penalty cannot be levied if claim was as per judicial precedents

October 21, 2018 3537 Views 0 comment Print

PCIT Vs. Dhariwal Industries Ltd (Bombay High Court) Mr Tejveer Singh, learned counsel appearing on behalf of the Revenue, relied upon a decision of the Division Bench of this Court in the case of Principal CIT-2 v/s Shree Gopal Housing and Plantation Corporation, Mumbai in Income Tax Appeal No.701 of 2015 decided on 6th February, […]

Allow manual filing of revised TRAN-1, ITC-01 & GSTR-3B: HC

October 19, 2018 5277 Views 0 comment Print

Indusind Media Communications Ltd. and Anr. Vs Union Of India (Bombay High Court) In view of the above, the undisputed position before us is that the Petitioners are entitled to distribute the Input Credit available with it as on 1st July 2017 amongst its branches/locations. This distribution has not been possible on account of technical problems of the Respondents. Further the […]

File tax appeals before the bench allotted to district where dispute arose

October 19, 2018 762 Views 0 comment Print

Dixons Cargo Consolidators Pvt. Ltd. Vs Commissioner Of Customs (High Court Bombay) The impugned orders passed by the Tribunal in excise appeals before us relate to and arise out of disputes relating to manufacture of excisable goods which have taken place at Nagpur. Therefore, the Excise Appeal Nos. 28 of 2017 and 105 of 2017 before […]

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