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Ex-parte Order are violative of principles of natural justice

August 27, 2022 1872 Views 0 comment Print

HC set aside order denying ITC, raising demand & direction given for freezing bank account as order violates principles of natural justice

Inordinate delay in adjudication of show cause notice not sustainable

August 27, 2022 2313 Views 0 comment Print

Held that impugned show cause notice cannot sustain as there has been an inordinate delay in adjudication of the same.

One line order dismissing appeal for delay in submission is invalid

August 27, 2022 4008 Views 0 comment Print

HC set aside one line order dismissing appeal of assessee on the ground of delay in submission without supporting detailed reasons

Summons have to be issued as a last resort

August 26, 2022 1044 Views 0 comment Print

Eversub India Private limited Vs Union of India & Ors. (Delhi High Court) Summons under  circulars dated 23.12.2019, 26.02.2007 and 20.01.2015, and the guidelines incorporated in the circular dated 05.11.2019 have to be issued as a last resort; the contention being that if information can be obtained from officers working for an entity, then the top […]

CESTAT allows refund of excise duty Paid as EOU before conversion to DTA unit

August 26, 2022 432 Views 0 comment Print

Ercon Composites Vs Union of India (Rajasthan High Court) Shorn of legal technicalities what emerges is that the petitioner as a 100% EOU would have made purchases of raw material and inputs from the local market without payment of excise duty as well as not born duty on final product manufactured by it on a […]

Refund cannot be denied on hyper-technical objection of not been filed before competent authority

August 26, 2022 660 Views 0 comment Print

The petitioner was unquestionably prosecuting his refund claim in a bonafide manner which ought not to have thrown away on hyper-technical objection of not having been filed before the competent authority and/or not having been filed in the prescribed format and finally as being delayed.

Summary of SCN In GST DRC-01 cannot Substitute Proper SCN requirement

August 26, 2022 3591 Views 0 comment Print

Roushan Kumar Chouhan Vs Commissioner of State Tax (Jharkhand High Court) Summary of Show Cause Notice in Form GST DRC-01 cannot substitute the requirement of a proper show cause notice under section 73(1) of the CGST Act, 2017? [Ref: Roushan Kumar Chouchan vs. Commissioner of State, Jharkhand & Ors in writ petition (T) No. 1849 […]

Delhi HC admit petition against Section 148A(d) order & grants interim relief

August 26, 2022 2376 Views 1 comment Print

Logix Infratech Private Limited Vs DCIT (Delhi High Court) Present writ petition has been filed challenging the order dated 28th July, 2022 passed under Section 148A(d) along with notice dated 28th July, 2022 issued under Section 148 of the Income Tax Act, 1961 (‘the Act’) for the assessment year 2013-14 and the proceedings initiated pursuant […]

Electricity Connection cannot be denied for pending Dispute of Land Ownership

August 26, 2022 6834 Views 0 comment Print

Company cannot decide disputed question of right & title, ownership or right of occupancy has no nexus with grant of electrical connection

Alternative Remedy of Appeal under SARFAESI Act available- HC dismisses Writ Petition

August 26, 2022 1860 Views 0 comment Print

Petitioners have efficacious alternative remedy of filing appeal under SARFAESI Act before DRT and therefore writ petition is dismissed

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