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All High Courts

GST: E-way bill expiry- No penalty in absence of evidence questioning appellant’s bona fides

May 4, 2023 1242 Views 0 comment Print

Progressive Metals Pvt. Limited Vs Deputy Commissioner (Calcutta High Court) It is not in dispute that the vehicle along with the goods entered the Durgapur industrial belt within the validity of the e-way bill. The vehicle was intercepted on 9th May, 2022 at 9:35 AM at Durgapur and the vehicle was detained along with the […]

No automatic bail rejection for mere twin conditions in Section 212 of Companies Act

May 4, 2023 5544 Views 0 comment Print

Section 212(6) contemplates that before a court decides to grant bail to an accused, public prosecutor must be given an opportunity to oppose bail application.

HC directed Revenue to examine aspect of limitation afresh in light of SC decision

May 3, 2023 3300 Views 0 comment Print

44 EMB Studio Private Limited Vs Union of India (Bombay High Court) Counsel for the Petitioner submitted that though it is correct that for part of the claim which has been rejected refund was sought after a period of two years, however, the period was extended by the orders passed by the Hon’ble Supreme Court […]

Amount deposited during search cannot be retained as proceedings u/s 74(1) of CGST Act not initiated

May 3, 2023 1779 Views 0 comment Print

Punjab & Haryana High Court held that amount deposited during the search cannot be retained by the department as this deposit cannot be taken to be voluntary as no proceedings u/s 74(1) of the CGST Act has been initiated.

Rejection of GST refund application without granting opportunity of hearing is unsustainable

May 3, 2023 4032 Views 0 comment Print

Bombay High Court held that rejection of refund application without granting an opportunity of hearing is contrary to the proviso to Rule 92(3) of the CGST Act and hence rejection order is liable to be set aside.

Co-owners showed capital gains of different amount – Section 148 notice invalid

May 3, 2023 822 Views 0 comment Print

ITAT held that co-owners showed capital gains of different amount, is not a valid ground for issue of notice under section 148

Alleged Willful disobedience of HC judgment : HC directs AO to Comply

May 3, 2023 912 Views 0 comment Print

Vivek Saxena Vs Ashish Verma, Chief Income Tax (Allahabad High court) The present contempt application has been filed under Section 12 of the Contempt of Courts Act for punishing the Opposite Party for willful disobedience of the judgment and order dated 01.12.2022 passed by this Court in Writ Petition No. 16848 of 2022. It is […]

Illegal exports of Katamine: HC denies bail to accused

May 2, 2023 876 Views 0 comment Print

There was no condition to furnish passport in order dated 15th January, 2020. He has furnished documents about business trip to Dubai. It is pertinent to note that the order granting anticipatory bail is challenged before this Court.

GST: Division Bench of Calcutta High Court Set aside the Adjudication order on facts

May 2, 2023 2256 Views 0 comment Print

Calcutta HC set aside the adjudication order on the facts and Circumstances subject to payment of further Rs. 1.00 lakh and lifted the bank attachment.

GST: Section 80 benefit not available if Assessee not filed returns & not paid tax

May 2, 2023 8715 Views 0 comment Print

The object of Section 80 is to benefit an assessee who approaches the Commissioner for a scheme of instalments. The sole exception to the application of Section 80 is in respect of admitted tax. The language in Section 80 is ‘other than the amount due as per the liability self assessed in any return’.

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