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Bail granted in GST evasion case after considering various relevant factors

September 9, 2022 537 Views 0 comment Print

Bail granted after considering various factors like applicant already paid INR 54.09 Crores; the amount of INR 196,57,02,539/- is already seized by the department; applicant has already spent more than 8 months in jail; applicant has not previous criminal history; etc.

Sales Tax Tribunal can accept C Forms during Appellate stage: Bombay HC

September 9, 2022 6402 Views 0 comment Print

Bombay HC held that appeal proceedings are extension of assessment and Maharashtra Sales Tax Tribunal’s Judgment accepting C Forms is upheld.

Shareholders cannot be Impleaded Independently under Industrial Disputes Act: HC

September 9, 2022 4458 Views 0 comment Print

Government not denuded from running a company holding majority of shareholder. But shareholder independently cannot be made a party for adjudication of the lis.

HC quashed Section 148 Notice for not recording valid section 151 satisfaction

September 8, 2022 10752 Views 1 comment Print

Vikas Gupta Vs Union of India (Allahabad High Court) Important recent update on landmark Allahabad high court ruling in cases of Vikas Gupta & others vs UOI order dated 08 Septmber  2022 on fatal impact of lack of  Mandatory requirement of valid sec 151 approval on part of approving authority Held quashing notices u/s 148 […]

Penalty not leviable for bonafide expiry of e-way bill

September 8, 2022 3255 Views 0 comment Print

Held that the delay of few hours of expiry of the validity of the tenure of e-way bill was bonafide and without establishing fraudulent intent and negligence on the part of petitioner. Penalty set aside.

Interest is leviable despite the availability of credit in cash/credit ledgers if no payment was made in GST

September 8, 2022 7641 Views 1 comment Print

HC held that in a case where GST Liability has not been remitted, interest under Section 50 of CGST Act is leviable even if the taxpayer has adequate credit balance in his cash ledger or credit ledger.

Advance ruling application cannot be rejected for initiation of investigation post filing of an application

September 8, 2022 729 Views 0 comment Print

Held that any inquiry/ investigation post-filing of an application for advance ruling cannot debar the applicant from seeking advance ruling.

Reference to arbitration is mandatory in terms of arbitration agreement

September 8, 2022 4011 Views 0 comment Print

Held that in a case where there exists an arbitration agreement, the court is under obligation to refer the parties to arbitration in terms of the arbitration agreement.

Whether Losses sustained by 100% EOU can be set off against other business income of assessee?

September 8, 2022 486 Views 0 comment Print

PCIT Vs Sandvik Asia Pvt. Ltd (Bombay High Court) The other issue arises for consideration is whether the losses sustained by hundred per cent EOU could be set off against the other business income of the assessee. This issue, however, is no longer res integra. In Hindustan Lever Ltd. V/s. Dy. CIT This Court observed […]

AO must pass provisional attachment order under GST only after recording his opinion

September 8, 2022 1500 Views 0 comment Print

Order of provisional attachment cannot be passed with complying with the conditions of forming an opinion, having a tangible material, etc.

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