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Conviction u/s. 138 of NI Act upheld as non-payment by accused proved

July 9, 2025 954 Views 0 comment Print

Himachal Pradesh High Court held that accused is rightly convicted of the commission of an offence punishable under section 138 of the Negotiable Instruments Act since it is duly proved that accused has failed to pay money to the complainant.

Non-communication of ‘reasons to believe’ to arrestee under GST renders arrest procedurally infirm

July 9, 2025 696 Views 0 comment Print

Gauhati High Court held that non-communication of ‘reasons to believe’ to the arrestee in the matter of fraudulent availment of ITC under GST vitiates the process and undermines the safeguards guaranteed under law, rendering the arrest procedurally infirm. Accordingly, interim bail granted.

Bail rejected as money laundering accusations appears to be prima facie true

July 9, 2025 438 Views 0 comment Print

Delhi High Court held that bail application dismissed as there are reasonable grounds to believe that the accusations in money laundering case against the Appellant appear prima facie to be true. Accordingly, bail application rejected.

Confiscation unjustified for Clerical Error if no Tax Evasion Intent: Karnataka HC

July 9, 2025 1239 Views 0 comment Print

Karnataka High Court rules clerical errors in tax invoices, without intent to evade tax, do not justify confiscation of goods under Section 130 of the CGST Act.

Gujarat HC Quashes 200% Penalty on Expired E-Way Bill for Export Goods

July 9, 2025 10791 Views 0 comment Print

Gujarat HC rules penalty on expired e-way bill for zero-rated export is invalid as no tax is payable, quashing the 200% penalty order under Section 129.

Himachal HC Quashes Recovery Notice, Orders Fresh GST Assessment

July 9, 2025 693 Views 0 comment Print

Himachal Pradesh High Court sets aside recovery notice against Hindustan Construction Company, directing the Assistant Commissioner to conduct a fresh assessment for the 2017-18 GST dispute by September 30, 2025.

Deptt. remanded case back as tax payer was unable to opt for hearing due to portal glitch

July 8, 2025 426 Views 0 comment Print

Court had conditionally remanded an income tax assessment order after the petitioner was unable to opt for a personal hearing due to a technical glitch in the e-filing portal. Denial of a hearing due to system failure constituted a violation of the principles of natural justice.

Prosecution u/s. 276C(1) cannot be continued as penalty proceedings u/s. 276C(1) already terminated

July 8, 2025 969 Views 0 comment Print

Madras High Court held that prosecution initiated for the offence punishable under Section 276C(1) of the Act cannot be continued, in the light of the penalty proceedings initiated under Section 276C(1) of the Act have been already terminated by the Appellate Tribunal.

Accused entitled to acquittal as financial capacity of complainant not proved

July 8, 2025 996 Views 0 comment Print

Himachal Pradesh High Court held that complainant failed to prove his financial capability and hence the accused is entitled to acquittal. Accordingly, order of Trial Court upheld and petition is dismissed.

Nidhi Company directed to furnish reply complying with defects in application filed in e-form NDH-4

July 8, 2025 1317 Views 0 comment Print

Madras High Court directs to furnish fresh reply regarding compliance of defects stated in order rejecting application in e-form NDH-4 filed by Nidhi Company. Further, department directed to pass order after considering fresh replies and after providing opportunity of being heard.

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