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All High Courts

MVAT: Govt can impose mandatory pre-deposit condition for Appeal filing

July 17, 2022 2445 Views 0 comment Print

Held that the State of Maharashtra has legislative competence to enact amendment to incorporate a condition/modifying the earlier condition for entertaining an appeal for a mandatory pre-deposit for filing appeals against the assessment orders pertaining to all the goods after 16th September 2016

Motor Vehicles Act : 6 Month Limitation period for filing claim applicable from 01.04.2022

July 17, 2022 114273 Views 0 comment Print

Held that the limitation period of six months is applicable from 1st April 2022. Accident in this case had occurred on 23.05.2019. Accordingly, limitation period of six months u/s 166(3) of Motor Vehicles Act doesn’t apply.

HC grant Bail to CA in case of alleged negligence in stock audit & Fraud

July 16, 2022 6318 Views 0 comment Print

Since the ex-promoters/directors and similarly situated chartered accountants have been granted bail, there is no reason why the Applicant should be treated any differently. Bail granted

Offence committed by firm is also an offence committed by partners

July 16, 2022 3435 Views 0 comment Print

Held that if an offence committed by the firm, is also an offence committed by the partners, it cannot be bifurcated as partners and the firm

Limitation period of provisional attachment not extended based on SC order post pandemic

July 15, 2022 2568 Views 0 comment Print

Held that the 180 days window in Section 5 contemplates an end-point whereas the Supreme Court in the Suo Motu writ petition sought to protect the starting-point, which was at the risk of being defeated by reason of the pandemic.

GST: Every economic offence cannot be treated in same manner for Bail

July 15, 2022 1185 Views 0 comment Print

In the matter of bail, there is no straitjacket formula for consideration of bail to an accused as it all depends upon the facts and circumstances of each case.

Initiation of reassessment proceedings, without notice u/s 148, is bad in law

July 14, 2022 1632 Views 0 comment Print

Held that as notice for reopening of assessment u/s 148 was not served, within the time stipulated u/s 149, reassessment proceedings initiated u/s 147 is untenable in law

GST Registration cannot be denied by violation of principles of natural justice

July 14, 2022 5553 Views 0 comment Print

B.C. Mohankumar Vs Superintendent of Central Goods & Service Tax (Madras High Court) Rejection of application for GST registration: HC heold that order in this case is non-speaking, arbitrary and evidently has not taken into account the explanation furnished by the petitioner. Learned counsel for the respondent refers to Rule 9(4), particularly the deployment of […]

Bombay HC admit PIL on 3% contributions to be made by registered public trusts

July 14, 2022 2061 Views 0 comment Print

Devendra Prakash Shah Vs State of Maharashtra (Bombay High Court) 1. We have heard Mr. P. B. Shah, learned advocate appearing in support of this writ petition. 2. Having read the averments made in the writ petition and the relief claimed therein, we are of the considered prima facie view that because of the lapse […]

APVAT: HC directs Revenue to grant refund of excess payment along with interest due to delay

July 14, 2022 753 Views 0 comment Print

Venkateswara Electricals Vs State of Andhra Pradesh (Andhra Pradesh High Court) HC Directs Revenue Department to grant refund of the excess payment along with the interest due to delay The Hon’ble Andhra Pradesh High Court in M/s Venkateswara Electricals v State of Andhra Pradesh [Writ Petition No. 4072 of 2022 dated March 9, 2022] directed […]

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