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Extended Limitation cannot be invoked if SCN was issued based on balance sheet

July 10, 2022 669 Views 0 comment Print

Commissioner of Central TAX Vs ABB Limited (Karnataka High Court) Undisputed facts of the case are, as recorded in paragraph 6 of the show cause notice, it was issued based on the balance sheet for the year ending 2008. Thus, the contentions of the Revenue that respondents trading activity was not known to the department […]

Andhra HC allows Interest for delay in payment of VAT Refund

July 10, 2022 849 Views 0 comment Print

Vekanteswara Electricals Vs State of Andhra Pradesh (Andhra Pradesh High Court) It is to be noted here that as per Section 38 (1)(a) of the APVAT Act, 2005, a refund is to be made within 90 days from the date of claim made by the dealer. As stated above, the claim was made nearly a […]

Section 5 of Limitation Act applies to Arbitration Reference under National Highways Act

July 10, 2022 6993 Views 0 comment Print

Admittedly, no limitation is provided for filing an appeal under Section 3G(5) of National Highways Act, 1956. Therefore, it can be construed, as held in the aforesaid judgments, that Article 137 of the Limitation Act would stand applicable to such cases.

Statement at Interim Injunction stage is Not a First Statement- Section 8 A&C Act

July 10, 2022 657 Views 0 comment Print

Respondent cannot be presumed to have submitted to the jurisdiction of Court and waived its right to arbitration when it had reserved its right to take appropriate legal proceedings against plaintiff.

Article 226 cannot be invoked if petitioners have statutory remedy before NCLAT

July 10, 2022 267 Views 0 comment Print

Since the petitioners are having effective and statutory remedy before the Appellate Authority, they cannot come to this Court invoking Article 226 of the Constitution of India.

NI Act | Circumvention of due process of law not allowed – Section 482 of Crpc

July 10, 2022 477 Views 0 comment Print

The process of law cannot be taken recourse to circumvent the due procedure prescribed in law. There is further no reason why the petitioner cannot take recourse to institution of appropriate proceedings before the competent authorities in accordance with law.

Arbitral Award Vitiated By Serious Fraud & Criminal Conspiracy

July 10, 2022 1356 Views 0 comment Print

Bali Nagwanshi Vs State of Chhattisgarh (Chhattisgarh High Court) The main contention of the respondent State, respondent-BRPL and respondent- Union of India is this that the whole process for determination of compensation was based on fraud and criminal conspiracy, as out of numerous land oustees, only two of them, namely, Bali Nagwanshi and Neelima Belsariya […]

Provisions of ESI Act applicable to BCCI as its activities are commercial in nature

July 9, 2022 1053 Views 0 comment Print

Since the nature of activities conducted by the Board Of Control for Cricket in India were commercial activities, therefore, the appellant Board was covered by the provisions of ESIC Act and was liable to pay ESI contribution on the wages paid to the coverable employees.

Recovery more than pre-deposit, based on order never served on petitioner, is illegal

July 9, 2022 939 Views 0 comment Print

Recovery of demand more than statutory pre-deposit amount, on the basis of adjudication order, which was never served on the petitioner is declared as arbitrary and illegal

No reference to Arbitration unless clear unequivocal denial of a right

July 9, 2022 1650 Views 0 comment Print

There was no right to apply for reference of a dispute to arbitration until there was a clear and unequivocal denial of the right asserted by one party by the other.

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