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Forming an opinion that enquiry is required to be held is mandatory: HC

September 13, 2022 1941 Views 0 comment Print

Sunita Agarwal Vs Securities And Exchange Board of India (Gauhati High Court) Rule 4(3) of Securities and Exchange Board of India (Procedure for holding enquiry and imposing penalties) Rules, 1995  i.e. PR-1995 inter-alia provides that if after considering the cause shown pursuant to the notice under Sub-Rule 1, the adjudicating officer is of the opinion […]

Remedy for withholding of Duty drawback & IGST/unutilized ITC by tagging as Risky Exporter

September 13, 2022 1395 Views 0 comment Print

Duty drawback & IGST/unutilized ITC refund of exporters are withheld by department without assigning reasons & tagging as Risky Exporter

GST: HC cannot act as a fact finding & verification authority

September 12, 2022 960 Views 0 comment Print

Md. Yusuf Vs State Tax Officer (Calcutta High Court) The issue involved is highly disputed question of fact with regard to registration of the ‘Teak Sawn Timber’ not tallying with the declaration made in the E-way bill and invoices and further there is no existence of consignor at his registered place of business, this Court […]

HC allows carry forward of unutilised transitional credit as per SC decision

September 12, 2022 1905 Views 0 comment Print

Aarti Industries Limited Vs Union of India (Gujarat High Court) The petitioner wants to file ‘Form GST Tran-I’ to enable the petitioner to claim the carried forward eligible duties of CENVAT/ Input Tax Credit on account of Service Tax, Central Excise and Gujarat Value Added Tax on the appointed day i.e 30.6.2017 in terms of […]

HC Jurisdiction under Section 11 of Arbitration Act is not curtailed by Commercial Courts Act

September 12, 2022 6483 Views 0 comment Print

In present facts of the case, the Hon’ble High Court observed that in no manner under Commercial Courts Act, the Jurisdiction of the High Court under Section 11 has been either disturbed or divested in matters of appointment of an arbitral tribunal as provided for under section 11 of the Arbitration and Conciliation Act, 1996

NHAI is Best Judge to Decide Suitable land For Highway Construction: HC

September 11, 2022 1452 Views 0 comment Print

HC held that National Highway Authority is the best judge to decide which land would be suitable for the construction of the Highways.

Post-Conviction Compounding of Cheque Bounce Offences Permissible

September 11, 2022 3171 Views 0 comment Print

Court, while exercising power under Section 147 of Negotiable Instruments Act, can proceed to compound offence even after recording of conviction by courts below.

Joint petition not maintainable for different cheque bounce issues

September 11, 2022 1989 Views 0 comment Print

Petitioner filed instant petition under Section 482 of Cr. P. C challenging four complaints filed by respondent against him alleging commission of offences under Section 138 of Negotiable Instruments Act. These four complaints pertain to four different cheques.

Rule 12 of CA rules not debar Director of Discipline from entertaining 7 year old complaint

September 10, 2022 2934 Views 0 comment Print

Held that rule 12 Chartered Accountants (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 does not expressly debar the Director Discipline from entertaining a complaint merely because it may relate to acts of misconduct committed seven years prior to the same being lodged.

HC directs dept to revoke suspension of GST registration cancellation

September 10, 2022 2193 Views 0 comment Print

Bisweswar Midhya Vs Superintendent (Calcutta High Court) The Hon’ble Calcutta High Court in Bisweswar Midhya v. The Superintendent, CGST [MAT No. 1376 of 2022 with IA No. CAN 1 of 2022 dated September 01, 2022] disposed off the writ petition directing the assessing authority to forthwith revoke the suspension of the assessee’s registration. Further directed […]

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