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All High Courts

Circular no. 125/44/2019-GST not apply to manually filed refund application

September 17, 2022 29745 Views 0 comment Print

Held that circular no. 125/44/2019-GST dated 18th November 2019 shall be applicable only to applications filed electronically on the common portal but would have no applicability to an application for refund which is filed manually.

GST registration cannot be granted on disputed premise

September 17, 2022 1818 Views 0 comment Print

Held that the license under the Act or registration under the GST Act cannot be renewed/ granted due to the fact that the subject premise is under dispute between two persons

Cheuqe Bounce complaint should be filed within one month after receipt of notice by drawer

September 17, 2022 1731 Views 0 comment Print

As per proviso to section 142(c) of NI Act, Cheque Bounce/Dishonour complaint should be filed within one month after drawer of cheque received notice

Transporter has right to seek release of conveyance under GST

September 16, 2022 1743 Views 0 comment Print

Held that while the owner or any person transporting the goods has been granted the right to seek release, the transporter has right to seek the release of conveyance alone.

GST: Detention proceedings cannot be transformed into confiscatory proceedings

September 16, 2022 1695 Views 0 comment Print

Held that the proper officer cannot transform the detention proceedings into a confiscatory proceeding. Further, power of confiscation can be invoked only in extraordinary circumstances.

Assessment order passed against dead assessee is invalid: HC

September 16, 2022 2073 Views 0 comment Print

No notice whatsoever was issued to the legal representative/s of the assessee before undertaking the re­assessment proceedings. Thus, the impugned re-assessment and the assessment order having been passed against the dead assessee, is invalid and the same cannot be sustained in the eyes of law.

Terms & Conditions containing Arbitration Clause on website is Permissible: HC

September 15, 2022 3084 Views 0 comment Print

Ingram Micro India Pvt. Ltd. Vs Mohit Raghuram Hegde Proprietor Creative Infotech (Bombay High Court) Conclusion: In present facts of the case, the Hon’ble Bombay High Court held that mere valid arbitration clause exist in “terms and conditions” as mentioned in the website and mere allegation of fraud would not vitiate the constitution of arbitral […]

Duty Drawback can be availed on goods transferred to EOU on conversion by DTA unit

September 15, 2022 3381 Views 0 comment Print

Assessee as an EOU was entitled to claim deemed export drawback on raw materials/inputs which remained unutilized with the then-existing DTA unit at the time of its conversion into a 100% EOU.

Arbitration clause is unenforceable till the payment of stamp duty on work order

September 15, 2022 3060 Views 0 comment Print

Held that there is no dispute that the work order was issued by the respondent but stamp duty on the same is not paid. Accordingly, arbitration clause would be non-existent in law and unenforceable till stamp duty is adjudicated and paid.

Application u/s 11 of A&C not maintainable for allegation of collusion between arbitrator & party

September 15, 2022 1884 Views 0 comment Print

Held that allegation of collusion between the arbitrator and the opposite party cannot be decided in an application filed under section 11 of the Arbitration and Conciliation Act, 1996

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