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Import/Release of Goods without Ownership Transfer Not Permissible

January 14, 2023 1074 Views 0 comment Print

Delhi High Court ruled that the import or release of goods in favor of a petitioner without the transfer of ownership is not allowed under Section 2(26) of the Customs Act, 1962. The petitioner is liable to pay 50% of the detention/demurrage charges.

Alternative remedy is not an absolute bar if there is violation of natural justice

January 14, 2023 2241 Views 1 comment Print

Availability of alternative remedy cannot be an absolute bar to file a writ petition in cases where principles of natural justice has been violated.

 HC quashes SCN for retrieval of matter from ‘Call book’ after 16 years

January 14, 2023 1041 Views 0 comment Print

Court is unable to find any valid explanation offered by Department in delaying in issuing initial SCN under Section 11A of CE Act, 4 years after the period of demand and then, more importantly, taking 16 years to retrieve the matter from Call Book

HC allows Assessee to avail Vivad Se Vishwas Scheme benefit after due date considering delay in filing Appeal by revenue

January 14, 2023 747 Views 0 comment Print

Assessee should not be non-suited for the default committed by the revenue in nor preferring the appeal within the period of limitation

Exemption from Additional Excise duty to fabrics not result into levy of VAT: Orissa HC

January 14, 2023 657 Views 0 comment Print

Textiles stood excluded from purview of ADE Act. It was accordingly concluded by STO that they would become amenable to Orissa sales tax from that date.

Assessee cannot be asked to approach appellate authority if it was not made a party to original application

January 13, 2023 1257 Views 0 comment Print

HC held that, directing assessee to prefer an appeal will not be effective as the facts, which it seeks to bring on record were not a part of records before original authority.

Export benefit of refund of excise duty eligible for deduction u/s 80IC

January 13, 2023 708 Views 0 comment Print

Gujarat High Court held that deduction under section 80IC of the Income Tax Act available on export benefit on account of the refund of excise duty.Gujarat High Court held that deduction under section 80IC of the Income Tax Act available on export benefit on account of the refund of excise duty.

DGGI withdraw contempt petition which was filed instead of taking coercive measure to secure presence of accused 

January 13, 2023 450 Views 0 comment Print

Directorate General of GST Intelligence Vs Nikit Mittal (Jharkhand High Court) This Court has perused the order passed in W.P.(Cr.) No. 415 of 2018 and other analogous cases and Cont. Case (Cvl) No. 665 of 2019 and other analogous cases as also the order passed by the writ Court in W.P.(Cr.) No. 14 of 2019 […]

Calcutta HC Directs Refund of admitted refundable VAT amount With Interest

January 13, 2023 285 Views 0 comment Print

Alkem Laboratories Limited Vs Joint Commissioner of Sales Tax (Calcutta High Court) Petitioner has filed this writ petition being aggrieved by the inaction on the part of the respondents Authority concerned in refunding the admitted refundable amount as indicated in pages 30,31 and 32 of the writ petition which comes around Rs.5,58,54,103.61 in total. Petitioner […]

Section 153A proceedings invalid in absence of valid search warrant

January 13, 2023 1680 Views 0 comment Print

CIT Vs Sikhya ‘O’ Anusandhan (Orissa High Court) Court in the first round of litigation accepted the legal position that without there being a valid search warrant authorizing the search in the premises of the Assessee under Section 132 of the Act, the question of initiating proceedings under Section 153A of the Act did not […]

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