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HC imposed cost of Rs. 50000 for arbitrary GST registration cancellation

August 17, 2022 3396 Views 0 comment Print

Arbitrary exercise of power cancelling the GST registration in the manner in which it has been done has not only adversely affected the petitioner, but has also adversely affected the revenues that could have flown to the coffers of GST

HC allows refiling of Appeal with Appellate Authority which was dismissed for non filing of certified copy of order

August 17, 2022 732 Views 0 comment Print

Debabrata Santra Vs Assistant Commissioner of Revenue (Calcutta High Court) Calcutta High Court allows refiling of Appeal with Appellate Authority which was dismissed for non filing of certified copy of order FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT Heard learned Advocates appearing for the parties. By this writ petition, petitioner has challenged the […]

Imposition of penalty/ tax for failure to re-validate e-way bill without finding of evasion is unjustified

August 17, 2022 2148 Views 0 comment Print

Sanskruthi Motors Vs Joint Commissioner (Kerala High Court) Held that the officer was duty bound to consider the explanation offered by the petitioner for the expiry of the e-way bill. Hence, imposition of penalty/ tax on allegation that there was ample time to revalidate the e-way bill not justified as there was no finding of […]

Insurer cannot avoid claim based on absence/fake/invalid driving licence

August 17, 2022 9975 Views 0 comment Print

Held that absence, fake or invalid driving licence or disqualification of driver to drive, are not in themselves defences available to the insurer against either insured/ third parties, to avoid liability towards insured. Insurer has to prove that insured was guilty of negligence and failed to exercise reasonable care.

Innocent party should not suffer for inaction of his consultant: HC

August 17, 2022 4599 Views 0 comment Print

Held that innocent party should not suffer for the inaction, deliberate omission or misdemeanor of his counsel/ consultant as long as there are no willful latches and negligence on the part of the party.

Use of marks ‘facebake’/ ‘facecake’ restrained by Delhi High Court

August 17, 2022 633 Views 0 comment Print

Held that overall visual representation adopted by the defendants using mark facebake/ facecake clearly depicts the mala fide intent in obtaining unfair advantage by use of the mark similar to the plaintiff i.e. facebook

FIR quashed as Company not an accused & no direct allegations against directors

August 17, 2022 12225 Views 0 comment Print

Held that criminal proceedings cannot continue against the directors against whom there is no direct allegations of mala fide and importantly the company is not made an accused.

Misusing the mark ‘KHADI’ for promoting medical products not condoned

August 17, 2022 513 Views 0 comment Print

Held that the Defendants use of the mark KHADI would be violative of the Plaintiffs rights in the said mark, and that such use would also cause immense harm to the consumers in view of the nature of the products which are being sold by the Defendants, the present suit is liable to be decreed.

Cut/sized share trees not liable to tax under TNGST Act, 1959

August 17, 2022 1752 Views 0 comment Print

Held that that the cut/ sized shade trees would constitute agricultural produce and therefore, fall outside the purview of TNGST Act, 1959.

Allahabad HC imposed Cost of Rs. 50 Lakh on Department for creating illegal Income Tax demand

August 17, 2022 22752 Views 1 comment Print

Allahabad HC quashed Income Tax reassessment Order notices for violating principle of natural justice & imposed Rs. 50 Lakh cost on Officers

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