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Income Tax illegally levied must be refunded: Bombay High Court

September 14, 2023 945 Views 0 comment Print

Bombay High Court held that subject to doctrine of unjust enrichment, the taxes illegally levied must be refunded.

Rule 8 of Tobacco Packing Machine Rules 2010 is valid: Delhi High Court

September 14, 2023 561 Views 0 comment Print

Delhi High Court held that Rule 8 of the Chewing Tobacco and Unmanufactured Tobacco Packing Machines (Capacity Determination and Collection of Duty) Rules 2010 is not ultra vires to Section 3A of the Central Excise Act.

Comparison of Rival marks has to be done as a whole and could not be dissected under Trademarks Act

September 14, 2023 2883 Views 0 comment Print

In present facts of the case, the Hon’ble High Court while considering the application under Trademarks Act have observed that it is well settled that a composite trademark is not to be dissected to determine whether there is any deceptive similarity with the impugned trademark and comparison has to be by taking the rival marks as a whole.

AO doesn’t have jurisdiction to assess/re-assess unabated assessment u/s. 153C without any incriminating material

September 14, 2023 1548 Views 0 comment Print

Bombay High Court held that jurisdiction to assess/ reassess u/s 153C of the Income Tax Act in respect of unabated/ completed assessments without any incriminating material found during the search unjustified.

Madras HC dismisses GST Registration Cancellation Writ Petition Amid Amnesty Scheme

September 14, 2023 8829 Views 0 comment Print

Madras High Court dismisses DDA Tyres’ writ petition against GST registration cancellation. Analyzing the court’s stance on the newly notified amnesty scheme.

Delhi HC Quashes Income Tax Notice Due to Failure to Note Disclosures in ITR

September 14, 2023 5877 Views 0 comment Print

Delhi High Court’s landmark judgment in Shalini Mittal Vs ITO case, quashing the income tax notice issued under Section 148A(b) of the Income Tax Act for Assessment Year 2018-19.

GST Registration Cancellation: SCN Must be Clear on Reasons

September 14, 2023 687 Views 0 comment Print

Analysis of Delhi High Court ruling in Frequent Logistics Services Pvt. Ltd Vs Commissioner Goods And Service Tax Department. Emphasizes the need for clarity in Show Cause Notices for GST registration cancellation.

Legal Analysis: Quashing of Look Out Circular: Delhi High Court

September 13, 2023 1551 Views 0 comment Print

In law, look out circular is a circular letter used by authorities of India to check whether a travelling person is wanted by police. It is open to search for absconding criminals and also to prevent and monitor effectively entry or exit of anyone who maybe sought by law enforcement or authorities.

Complex Web Portal Design Causes Missed GST Notice: HC Quashed Order

September 13, 2023 1611 Views 0 comment Print

Madras High Court quashes GST assessment orders for AY 2017-2022, citing a web portal design flaw that led to missed notices. Details and implications.

Non-allowance to cross-examination person whose statement is relied upon makes entire adjudication proceedings bad

September 13, 2023 5970 Views 0 comment Print

Calcutta High Court held that initiation of adjudication proceeding without allowing cross-examination of person whose statements recorded and relied upon in the adjudication proceeding makes the entire proceeding vitiated.

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