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HC set aside Section 148A(d) order passed without considering reply of Assessee

November 22, 2022 3636 Views 0 comment Print

Rise Projects Private Limited Vs ACIT (Delhi High Court) Petitioner states that impugned order dated 15th July, 2022 passed under Section 148A(d) of the Act has been passed without considering the detailed reply filed by the petitioner. Learned senior standing counsel for the respondents-revenue, accepts notice. He, on instructions, states that as the petitioner’s contentions have […]

Section 173 of CrPC does not prescribe piecemeal investigation

November 22, 2022 2157 Views 0 comment Print

Subhra Jyoti Bharali Vs Directorate of Enforcement (Gauhati High Court) Section 173 of the CrPC does not prescribe piecemeal investigation and filing of incomplete charge sheet before the court. Section 173(8) CrPC prescribes that even after filing of charge sheet further investigation can be done. In that case, if the investigating officer gathers additional evidence, […]

20% of disputed tax demand is not a pre-requisite for putting in abeyance recovery of demand pending first appeal in all cases

November 22, 2022 12669 Views 0 comment Print

Writ petition were filed challenging the order  dismissing the Petitioner’s application for stay of demand and directing the Petitioner to pay 20% of the total outstanding demand.

Dept cannot refuse to release goods & conveyance if appellant compiles with Section 129(1)(c)

November 22, 2022 1044 Views 0 comment Print

Kerala High Court held  that if petitioner complies with provision of Section 129 (1)(c) of CGST Act, 2017, there is no reason for Assistant State Tax Officer to refuse the release of the goods and the conveyance, pending finalisation of the proceedings issued under Section 129.

Excise Duty paid under protest adjustable against amount payable under SVLDRS 

November 21, 2022 759 Views 0 comment Print

Amount deposited has no specific colour since the amount was deposited under protest and even before the crystallisation of the liability of the respondent-assessee as Central Excise Duty or as interest

Notice by Commercial Tax Tribunal not served: Allahabad HC allows fresh Revision

November 21, 2022 720 Views 0 comment Print

Automark Industries (India) Pvt. Ltd. Vs Commissioner of Commercial Tax (Allahabad High Court) One of the main planks of the arguments submitted by the revisionist before this Court is that their matter was remitted to the Tribunal for decision afresh in pursuance to which the impugned order has been passed. It has been submitted that […]

Interim relief granted to workers is covered within the purview of basic wages

November 21, 2022 3054 Views 0 comment Print

Kerala High Court held that interim relief granted to the workers at 20% of the wages of the works will come within the purview of the definition of basic wages as mentioned in Section 2(b) of the the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.

Criminal proceedings cannot continue on CA in absence of any personal interest in conduct of business

November 21, 2022 5337 Views 0 comment Print

Orissa High Court held that No Objection Certificate certified by the Chartered Accountant is the act of discharging his professional duty No criminal proceedings can be continued in absence of material showing personal interest in any gain/ loss of the parties conducting business.

Bail granted in Extortion Case as there was no possibility of tampering with evidence

November 21, 2022 3189 Views 0 comment Print

Jharkhand High Court held that bail granted as the petitioner was held to be not at flight risk and also there was no possibility of tampering the evidence or influencing/ intimidating the witness.

Seriousness of offence alone not conclusive for grant of bail

November 21, 2022 1062 Views 0 comment Print

Allahabad High Court held that granted the bail in GST evasion case observing that the seriousness of the offences alone is not conclusive of the applicant’s entitlement to bail

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