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All High Courts

Pre-Notice Consultation mandatory under Section 28 of the Customs Act: Delhi HC

October 15, 2022 5292 Views 0 comment Print

In present facts of the case, the Honble Delhi High Court held that the pre-show cause notice consultation is mandatory under Section 28 of the Customs Act, 1962

Order passed u/s 11 of Arbitration and Conciliation Act, 1996 cannot be reviewed

October 15, 2022 1068 Views 0 comment Print

Held that there is no provision in the Arbitration and Conciliation Act, 1996, providing for a review of an order passed under Section 11 of the Act.

In absence of specific provisions, interest and penalty cannot be levied on payment of surcharge, CVD and SAD

October 15, 2022 4236 Views 0 comment Print

Bombay High Court held that interest or penalty due to delayed payment of tax cannot be levied in absence of specific provisions. Therefore, no interest and penalty can be levied on the portion of payment pertaining to surcharge, CVD and SAD.

Benefit of rate reduction under GST is to be passed on to every supply

October 15, 2022 1923 Views 0 comment Print

Delhi High Court held that supplier has to pass on benefit of rate reduction of GST or the benefit of ITC on every supply. The supplier cannot claim that he has passed on more benefit to one customer therefore he could pass less or no benefit to another customer than the benefit which is actually due to that customer.

Refund of IGST allowed on exported goods after deduction of drawback duty

October 14, 2022 3186 Views 0 comment Print

Whether or not refund of IGST on exported goods will be allowed in the present petition after deduction of the drawback duty?

Advocate cannot be sued For Cheating/Fraud Merely on Losing Case

October 14, 2022 7587 Views 1 comment Print

Merely because a client were not to succeed in the matter and favourable orders were not passed in favour of that particular client, the said client cannot make out a case that there is a fraud which has been committed by the Advocate and offence under Sections 406 and 420 of IPC which has been committed by an Advocate.

Arbitration – Legal remedy cannot be extended by consent

October 14, 2022 903 Views 0 comment Print

Extramarks Education India Private Limited Vs Ram School (Delhi High Court) The petitioner’s other objection, that since in its reply dated 31.08.2021 the respondent themselves were willing to accept and had given their consent for appointment of an arbitrator “near to the locality” where the respondents were located, is neither here nor there, since if […]

Income Tax Offence can be Compound before Conviction but Not Thereafter

October 14, 2022 2508 Views 0 comment Print

By conjoint reading of section 279(2) and clauses 7(v) and 8. (iii), it is explicit that the Income Tax Authorities have the power to compound the offence either before or after the institution of the proceedings but certainly not after the conviction.

Section 54 exemption cannot be denied merely for purchase of property in Joint name

October 14, 2022 7812 Views 0 comment Print

Kamlesh Keswani Vs ACIT (Delhi High Court) HC held that petitioner is entitled to claim exemption under Section 54 of the Act on these admitted facts, as the conditions stipulated in Section 54 stand fulfilled. The New Property would be treated as the property purchased by the petitioner in his name and merely because he […]

After dividend payment SEBI cannot initiate action u/s 207 of Companies Act, 1956

October 14, 2022 1632 Views 0 comment Print

Karnataka High Court held that once the dividend is paid by the company, SEBI has no power to initiate any action against the company or its directors who have defaulted in payment of dividend as specified under Section 207 of the Companies Act, 1956.

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