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HC cannot condone delay in GST appeal if filed beyond maximum stipulated time limit

January 31, 2023 4155 Views 0 comment Print

High Court while exercising powers under Article 226 of Constitution of India, does not have power to condone delay when statutory appeal filed under section 107 of GST Act is beyond maximum time limit stipulated

GST Appeal: There cannot be any condonation beyond the cap or belated period

January 31, 2023 1605 Views 0 comment Print

Ramanujan Venkatesan Vs Joint Commissioner (Appeals- II) (Madras High Court) In this case date of communication to  writ petitioner qua the GST Registration cancellation order is 08.03.2022. Three months therefrom elapsed on 08.06.2022 i.e., the prescribed period qua Section 107 of CG&ST Act elapsed on 08.06.2022. Condonable period of one month thereafter elapsed on 08.07.2022. […]

GST search, seizure- HC dismisses writ – validity of panchnama under consideration – efficacious remedy

January 30, 2023 1962 Views 0 comment Print

Ashoo Road Lines Vs Union of India (Madhya Pradesh HC) HC held that Since a show cause notice dated 04.12.2020 has been issued to the petitioner and others in which the validity of the panchnama is under consideration, hence the petitioner is having efficacious remedy to contest the show cause notice before the adjudicating authority. […]

Ex-parte assessment order passed in violation of principles of natural justice entails civil consequences

January 30, 2023 1560 Views 0 comment Print

HC quashed ex-parte assessment order rejecting ITC claim & imposing tax as it was passed in violation of principles of natural justice

Section 124(2) of Finance Act, 2019 not discriminate between tax, duty, interest or penalty

January 30, 2023 840 Views 0 comment Print

National Centre for the Performing Arts Vs Union of India (Bombay High Court) It is not in dispute that the Petitioner has, prior to the issuance of the show cause notice, paid an amount of Rs.1,49,35,618/- electronically out of which a sum of Rs.1,09,06,948/- was deposited under the Accounting Code 00441480 as tax receipts and […]

Jharkhand HC held Minister guilty of acquiring disproportionate assets by Misuse of political position

January 30, 2023 1251 Views 0 comment Print

Jharkhand High Court upholds Anosh Ekka’s conviction for acquiring disproportionate assets. Co-accused sentenced for abetting and conspiracy under P.C. Act.

Jharkhand HC upheld Conviction of Former Minister under PMLA

January 29, 2023 1683 Views 0 comment Print

Jharkhand High Court upholds conviction and sentencing of Anosh Ekka in a case involving disproportionate assets and money laundering under PMLA.

Avoidance Applications Survive CIRP & Can Be Heard After Resolution Plan Approval

January 29, 2023 3435 Views 0 comment Print

CIRP and avoidance applications, are, by their very nature, a separate set of proceedings wherein, the former, being objective in nature, is time bound whereas the latter requires a proper discovery of suspect transactions that are to be avoided by the Adjudicating Authority. The scheme of the IBC reinforces this difference. Accordingly, adjudication of an avoidance application is independent of the resolution of the corporate debtor and can survive CIRP.

Share transaction through banking channels on stock exchange with STT payment not bogus

January 29, 2023 1446 Views 0 comment Print

The fact that shares were traded on stock exchange after paying securities transaction tax, and that money had been received through banking channels only demonstrated that they were not bogus transactions.

Department not filed Affidavits-in-opposition: HC stays section 148A(d) order

January 29, 2023 720 Views 0 comment Print

VRV Trading Co Private Limited. Vs Union of India & Ors (Calcutta High Court) 1. These intra-Court appeals have been filed by the writ petitioners against the order dated 22nd November, 2022 in W.P.A. No.23437 of 2022/ W.P.A. No.23438 of 2022 in and by which the learned Single Bench had declined to grant any interim […]

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