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Section 65 GST audit cannot be conducted after closure of business

September 4, 2023 22968 Views 1 comment Print

Analysis of Tvl. Raja Stores Vs Assistant Commissioner (ST) ruling by the Madras High Court. Learn why a GST audit can’t be conducted on a closed business.

No U/s. 153A Assessment Without Incriminating Material: Patna High Court

September 4, 2023 885 Views 0 comment Print

Explore the intricacies of ACIT Vs Satish Kumar Keshri, a pivotal case by the Patna High Court about the application of Section 153A in Income Tax assessments. Learn about the court’s stand and its implications.

Once penalty order is set aside, the criminal case cannot survive

September 4, 2023 1779 Views 0 comment Print

Jharkhand High Court held that once penalty order is set aside, it will be presumed that there is no concealment and hence prosecution under Section 276C(1) of the Income Tax Act will be quashed automatically.

Any mark being deceptively similar in respect of identical or similar goods would be contrary to S. 11 of Trademark Act

September 3, 2023 1173 Views 0 comment Print

The Honble High Court while allowing the Petition observed that a trademark being deceptively similar would be hit under Section 11(1)(b) of the Trademark Act, 1999 which prohibits registration of a mark deceptively similar to a mark which is already on the register in respect of identical or similar goods.

Investigation Report under S. 212(13) of Companies Act can only be provided to Concerned Person

September 3, 2023 1260 Views 0 comment Print

In present facts of the case, the Hon’ble High Court observed that the investigation report cannot be obtained under Section 212(13) of the Companies Act, 2013 if the Person seeking report is not concerned with the case in any manner or in other words, do not comply the mandate of Section 212(1)(a) to (d) of the Companies Act, 2013.

Filing of refund claim u/s 27 after one year of date of excess duty payment is barred by limitation

September 3, 2023 2220 Views 0 comment Print

Bombay High Court held that filing of refund application u/s. 27 of the Customs Act after more than two years of date on which excess duty payment was done is clearly beyond the period of one year as contemplated by the Customs Act and hence is barred by limitation.

Reopening of assessment after full and true disclosure of material facts unsustainable

September 3, 2023 2001 Views 0 comment Print

Bombay High Court held that reopening of assessment u/s 147 of the Income Tax Act unsustainable as the assessee has fully and truly disclosed all the material facts.

AI cannot be the basis of adjudication of legal or factual issues in a court of law

September 3, 2023 1638 Views 0 comment Print

In present facts of the case, the Hon’ble High court observed that ChatGPT cannot be the basis of adjudication of legal or factual issues in a court of law. AI cannot substitute either the human intelligence or the humane element in the adjudicatory process.

Full Court fees was directed to be refunded in terms of settlement on first date of hearing

September 3, 2023 444 Views 0 comment Print

In present facts of the case the matter was compromised on the first day of hearing wherein the broadcasting of the plaintiff’s jersey was in dispute without the permission of the plaintiff.

Writ not maintainable if alternative remedy of appeal filing not availed: Patna HC

September 2, 2023 1281 Views 0 comment Print

Narayani Industry Vs State of Bihar (Patna High Court) The esteemed Patna High Court, in the case of M/s. Narayani Industry v. State of Bihar [Civil Writ Jurisdiction No. 11333 of 2023 dated August 11, 2023], ruled that in instances where a statute prescribes a definite timeframe for the condonation of delay, the Appellate Authority […]

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