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Writ petition not maintainable as alternative efficacious remedy by way of appeal before Appellate Authority was available

January 4, 2023 606 Views 0 comment Print

Mundkar Madhavaraya Prabhu Vs State of Karnataka (Karnataka High Court) Though several contentions have been urged by both sides in support of their respective claims, having regard to the availability of equally efficacious and alternative remedy by way of appeal before the First Appellate Authority, without expressing any opinion on the merits / demerits of […]

Exemption notification has to be read as a whole & benefit not eligible if condition not fulfilled 

January 4, 2023 2076 Views 0 comment Print

Godrej Consumer Products Limited Vs Union of India (Jammu & Kashmir High Court) In the present case, impugned Notifications are lucid and eloquent and need not be interpreted or construed in the way and manner the petitioner intends and chooses to and as a result whereof, writ petition qua impugned Notifications is liable to be […]

Bail granted in fake GST matter in absence of any recovery during police remand

January 4, 2023 867 Views 0 comment Print

Punjab & Haryana High Court granted bail in fake GST matter as no recovery had been effected from the petitioner during police remand.

No advertisement tax in view of omitting entry No.55 in List II of Schedule VIII to the Constitution and consequent promulgation of GST Act, 2017

January 4, 2023 2193 Views 0 comment Print

Consequent upon the 101st amendment to the Constitution certain taxes including the taxes and advertisement which were levied by the respective States and the Union were subsumed into goods and service tax The authority to levy tax which was available under entry No.55 List II (State List) of the Seventh Schedule to the Constitution had been omitted Consequently the inferior corporate bodies of the State did not have power to levy and collect the tax on advertisement.

Bank should declare encumbrances attached to property to the bidders before its auction: JK HC

January 4, 2023 4092 Views 0 comment Print

The Hon’ble J&K High Court held that, the Bank could auction the property even with encumbrances attached to property but it was incumbent upon the Bank to disclose the encumbrances and litigations on the same or tenancy, if any, attached to the property to all the persons who wanted to participate in the same and to the successful bidder

Allowability of writ against the order for cancellation of registration on the ground of violation of the principles of natural justice.

January 4, 2023 1953 Views 0 comment Print

Writ petition was allowed against the order for cancellation of registration solely on the ground of violation of the principles of natural justice as assessee had approached the appellate Court putting forth the reasons of the negligence of the accountant and passing away of some of the persons.

PCIT cannot invoke revisionary jurisdiction if AO conducted proper enquiry

January 4, 2023 978 Views 0 comment Print

It is not a case of lack of enquiry or lack of proper enquiry. The PCIT does not in as many words states that there was lack of enquiry or lack of proper enquiry and all that is said is that the assessing officer did not verify these aspects which is factually incorrect. Therefore, it is not a case where the PCIT could have invoked his jurisdiction under Section 263 of the Act.

Property mortgaged in favour of bank after attachment by Income Tax Authorities- HC directs parties to file appeal before DRT

January 4, 2023 3222 Views 0 comment Print

Maa Kalika Bhandar and Others Vs Collector and District Magistrate (Orissa High Court) Property was mortgaged in favour of the Bank on 28.06.2016 whereas the Income Tax Authorities had attached the same on 31.12.2015. Hence, the mortgaged transaction in favour of the Bank is void. Main argument stressed is that the properties in both the […]

HC dismisses writ against GST order issued without SCN as alternate remedy exist

January 4, 2023 1728 Views 0 comment Print

Suguna Automobiles Vs Assistant Commissioner (ST) (Madras High Court) K.A.Parthasarathy, learned counsel on record for writ petitioner is before this Court. Learned counsel submits that the impugned order has been made under Section 73 of ‘Central Goods and Services Tax Act, 2017‘ [hereinafter ‘C-GST Act’ for the sake of brevity, convenience and clarity]. Notwithstanding very […]

Mismatch between GSTR 3B & GSTR 2A – HC permits filing of appeal beyond statutory time period

January 3, 2023 6369 Views 0 comment Print

The issue concerns the year 2019-2020. There was a mismatch between GSTR 3B and GSTR 2A. This was due to non filing of the returns by the suppliers of the goods. He purchased the goods during the period of 2019-20 from various suppliers to be used in its projects and the suppliers issued invoices bearing GGST and CGST Act. He made payments through the bank of those invoices.

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