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All High Courts

Cow is divine & should be protected & venerated; HC calls Central Government to ban cow slaughter

March 6, 2023 8820 Views 0 comment Print

Mohd. Abdul Khaliq Vs State of U.P. (Allahabad High Court) The Allahabad High Court recently in Mohd. Abdul Khaliq vs. State of U.P. and Another Application u/s 482 No.1743 of 2021 decided on 14-02-2023 considered the various provisions of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 Act. The Court explicitly observed for the […]

Post ex-parte order if appellant appears with sufficient cause, Tribunal may set aside the ex-parte order

March 6, 2023 2850 Views 0 comment Print

Delhi High Court held that in terms of rule 24 of the ITAT Rules, when the Tribunal has ex-parte disposed of the appeal on merits and thereafter the appellant appears, the Tribunal shall set aside the ex-parte order and restore the appeal if sufficient cause is shown.

Rectification petition filed after 5 years from date of assessment order is unwarranted

March 6, 2023 975 Views 0 comment Print

Madras High Court held that rectification petition filed after 5 years under Section 84(1) of the Tamil Nadu Value Added Tax Act, 2006 from the date of assessment order is unwarranted in law.

Unadjusted TDS amount under JVAT Act is duly available under JGST Act

March 6, 2023 699 Views 0 comment Print

Jharkhand High Court held that denying migration of unadjusted TDS amount under JVAT Act (Jharkhand Value Added Tax Act) to JGST (Jharkhand Goods and Services Tax Act, 2017) is not sustainable in the eye of law.

Bail granted as value of gold biscuits/ bullions is less than Rs. One Crore

March 6, 2023 2115 Views 0 comment Print

Patna High Court held that bails is granted on furnishing of bails bonds as the recovery of gold biscuits-bullions is of value less than Rs. One Crore.

ITC on GTA Services cannot be reversed in absence of specific provision 

March 6, 2023 651 Views 0 comment Print

Issue before CESTAT was regarding justifiability of demand of service tax raised on Assessee disallowing credit availed on input service attributable to quantity of iron ore fines and coal fines cleared by Assessee.

Appeal dismissed for non-payment of mandatory pre-deposit – HC restores appeal subject to payment of deposit

March 6, 2023 1473 Views 0 comment Print

Jharkhand HC remands case as unregistered dealer, Amar Ent., intends to make mandatory pre-deposit. Appeal to be heard on merits post-deposit.

Miscellaneous application u/s 254(2) is valid if filed within Four Years of date of actual receipt of judgment

March 6, 2023 4326 Views 0 comment Print

Once it is found that rectification application u/s 254(2) of I. T. Act, 1961 has been submitted within a period of four years from the date of actual receipt of judgment and order passed by tribunal, which is sought to be reviewed, petitioner is entitled to relief.

HC allows Payment of Pre-Deposit as Assessee was Unaware of Mandatory Payment provision for appeal filing

March 6, 2023 3936 Views 0 comment Print

Mukesh Kumar Singh Vs Commissioner (Appeals) CGST & C. Ex (Jharkhand High Court) Admittedly, petitioner is an unregistered dealer. His appeal has been dismissed on the ground of non-payment of mandatory pre-deposit. It does not appear that there was intent on the part of the petitioner to avoid payment of pre-deposit @7.5% as provided under […]

Assessee eligible for SVLDR if at SCN stage no fresh adjudication order after order of remand by appellate authority 

March 5, 2023 1344 Views 0 comment Print

GE Power India Limited Vs Union of India & Ors (Calcutta High Court) HC held that impugned orders dated 12th February, 2020 rejecting the petitioner’s applications under the SVLDRS 2019, are arbitrary, invalid, perverse and not tenable in the eye of law for the following reasons: (i) On the date of filing of the applications […]

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