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All High Courts

Levy of NCCD in absence of excise duty is not bad in law

October 11, 2022 1851 Views 0 comment Print

Karnataka High Court held that National Calamity Contingent Duty (NCCD) is a surcharge and can be levied even in absence of levy of excise duty.

Whether refund claim was time barred or not to be reconsidered as Limitation of 2 Years started from the insertion of Rule 89(1A)

October 10, 2022 3252 Views 0 comment Print

Since the impugned order of rejecting the refund claim was passed on 23.11.2020 and this Circular came to be issued on 25.09.2021 giving a clarification as to the date for claiming refund under Section 89 of the CGST Act, and Section 19 of the IGST Act, 2017, therefore, the matter was remanded back to the authority to deal with the refund application in the light of the Circular No.162/18/2021-GST dated 25.09.2021, issued more particularly with regard to the applicability of the Circular issued by the Government, and then pass orders in accordance with law.

HC direct CBIC to clarify eligibility under SVLDRS, 2019 when tax dues been paid in full

October 10, 2022 741 Views 0 comment Print

Sigma Construction Co. Vs UOI (Madhya Pradesh High Court) The issue whether in cases when  tax dues have been paid in full, are eligible under SVLDRS, 2019 for waiver of interest or not. Hon’ble High Court directed CBIC to dwell upon the question and issue a clarificatory circular/instruction so that ambiguity prevailing in the field […]

Revocation of cancelled registration: HC directs dept for opening of GST portal for Tax payment & return filing

October 8, 2022 2541 Views 0 comment Print

Shree Hari Printers Vs Commissioner, Commercial Taxes & GST (Orissa High Court) HC issued direction to the department for opening of GST portal for payment of tax and other dues and to enable filing of GST returns so as to consider application for revocation of cancelled GST registration of the petitioner. FULL TEXT OF THE […]

Criminal proceedings can be initiated by bank even after SARFAESI proceedings

October 8, 2022 3576 Views 0 comment Print

Karnataka High Court held that once an account is declared to be a fraud, bank can initiate criminal proceedings even after initiation of proceedings under SARFAESI Act and having a recovery certificate

Arbitrator assigning other person for interest quantification is against principle of natural justice

October 8, 2022 1209 Views 0 comment Print

Calcutta High Court held that an arbitrator cannot shun away his responsibilities and leave the work of quantification of awarded interest on chartered accountant. Accordingly, held that arbitration award suffers infirmity.

GST: 30 days notice should be granted to file reply of SCN under Section 73

October 6, 2022 6300 Views 0 comment Print

Sheetal Dilip Jain Vs State of Maharashtra & Ors. (Bombay High Court) Bombay High Court  held that minimum 30 days time should be granted to file reply in all cases of issuance of SCN under Section 73 of the Maharashtra Goods and Services Tax Act, 2017. It will equally apply to Section 73 and 74 […]

Section 30 of Advocates Act Confers no Right to Park Vehicle Inside Court Premises

October 5, 2022 3975 Views 0 comment Print

Section 30 of the Advocates’ Act confers the right on the Advocates to practice. The same does not confer any right on any advocate to park his/her vehicle inside Court premises. There is no element of public interest involved in this petition. The petition is misconceived. In the result, the same is dismissed.

Mere notice Issuance Not Attracts Doctrine of ‘Stare Decisis’

October 5, 2022 711 Views 0 comment Print

Keshav Kanshkar A Class Electrical Contractor Vs Principal Secretary Department of Energy (Madhya Pradesh High Court) ‘Precedent’, refers to a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar issues. ‘Precedent’, is incorporated into the doctrine of ‘stare decisis’, and requires courts to apply the law […]

Every partner is liable, jointly, and severally, for all acts of the firm

October 5, 2022 3693 Views 0 comment Print

Liability of a partner for acts of the firm. Every partner is liable, jointly with all the other partners and also severally, for all acts of the firm done while he is a partner.

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