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Actions taken by department during enquiry need not necessarily be termed as harassment

August 2, 2022 1032 Views 0 comment Print

HC dismissed petition alleging harassment by Superintendent of GST & held that Actions taken by department during enquiry need not necessarily be termed as harassment

Arbitral award can be challenged u/s 34 only if view adopted is not a possible view

August 1, 2022 555 Views 0 comment Print

Held that an arbitral award can be set aside/ challenged u/s 34 of A&C Act only if an arbitral tribunal’s view is not a possible view and no reasonable person could possibly accept the same.

Order having penal or civil consequences cannot be passed without complying with principles of natural justice

August 1, 2022 1035 Views 0 comment Print

Himanshu Gupta Vs Vs. Narayana Reddy (Karnataka High Court) In terms of Section 421 of the Cr.P.C., a fine can be recovered in a manner as depicted hereinabove. Therefore, non-payment of compensation ensues dire consequences. The scheme of the provision being thus, though no application is filed, the Court may grant interim compensation, but it […]

No Entertainment Duty on Billiard Tables used exclusively by Club members

August 1, 2022 882 Views 0 comment Print

Santacruz Gymkhana Vs State of Maharashtra (Bombay High Court) Demand of entertainment duty on billiard tables Law as laid down by the Nagpur Bench of this Court in Gondwana Club (supra) will squarely apply to these petitions as well. Paragraphs 5 and 6 of Gondwana Club (supra) read as under :- The word “entertainment” is […]

Whether NCLT order can be challenged in a proceeding under Article 226?

August 1, 2022 7140 Views 1 comment Print

Whether order of the Adjudicating Authority (‘NCLT’) can be challenged in a proceeding under Article 226, has been, recently, analysed in the matter of Tharakan Web Innovations Pvt. Ltd. Vs. National Company Law Tribunal  (1st February, 2022) in W.P. (C) Nos. 27636 of 2020 & 14158 of 2021 before Kerla High Court.

Appeal not listed for two & half years- ITAT directs NFAC for expeditious hearing

August 1, 2022 861 Views 0 comment Print

Priti Nanda Vs CIT Appeals (Delhi High Court) 1. By way of the present petition, the Petitioner seeks a direction to the Respondents to list, hear and decide the first appeal filed by the Petitioner against the Assessment Order and freezing proceeding issued against her by the concerned Assessing Officer within a period of one […]

GST Refund claim timely filed to wrong forum but belatedly filed to correct forum should be accepted

August 1, 2022 1524 Views 0 comment Print

Held that timely refund claim was filed by the petitioner before PIPDIC (lessor) instead of service tax department which was later on filed before service tax department but belatedly. Such refund claim should be processed by the service tax department.

HC slams Income Tax Dept for acting Thick-Skinned during Pandemic

August 1, 2022 375 Views 0 comment Print

Department should have adopted liberal approach in refusing request for time for filing objection to draft assessment order and finally passing assessment order. The department acted thick skinned.

UPVAT: Insulated glass taxable as unclassified commodity @ 10%

July 31, 2022 780 Views 0 comment Print

Tribunal was legally justified in holding that on the manufacture and sale of laminated, insulated and toughened glass the dealer was liable to tax @ 10% as glass and not @ 16% as all the goods made of glasses

HC declines to entertain petition against show cause notice issued by GST dept

July 31, 2022 804 Views 0 comment Print

Gemini Coach Builders Vs Union of India (Madras High Court) It is seen that the petitioner has not only received the show cause notice but also earlier the petitioner was issued with summons and thereafter only DRC-01A has been issued, intimating the tax ascertained as being payable. Now, the show cause notice has been issued, […]

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