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GST evasion: HC grants bail to accused subject to deposition of Rs. 2 crore

July 29, 2022 1116 Views 0 comment Print

Revenue contended that applicant defrauded State Exchequer of Rs. 21.59 crores and still investigation is going on and quantum of tax evasion involved is also further likely to increase and considering the conduct of the applicant, if bail is granted

Defect liability period will not arise when the work is not performed

July 28, 2022 4350 Views 0 comment Print

Held that BGs can be invoked within/ before 90 days from the date of expiry of defect liability period. However, the defect liability period would arise only after the completion of the work.

Defined of relative cannot be imported into Income Tax Act from Senior Citizens Act

July 28, 2022 1788 Views 0 comment Print

Statutory definition of relative u/s 2(g) of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be imported under Section 2(41) and Section 56 of Income Tax Act, 1961 when both the Acts define the term differently.

SVLDRS declaration cannot be rejected without giving a personal hearing to Applicant

July 27, 2022 564 Views 0 comment Print

Petitioner challenged rejection of declaration filed under ‘Sabka Vishwas (Legacy Dispute Resolution) Scheme Rules, 2019’ by passing a very cryptic order without spelling out reason

Annuity received by concessionaries towards construction of roads is exempt from GST

July 26, 2022 3048 Views 0 comment Print

Held that circular no. 150/06/2021-GST dated 17.06.2021 clarifying that GST exemption is not available to annuity (deferred payments) received by the concessionaries towards construction of roads is contrary to notification no. 32/2017 and notification no. 33/2017 dated 13.10.2017.

Denial of release of title deeds without any charge is unsustainable

July 26, 2022 1962 Views 0 comment Print

Held that it is not open for the Bank to fasten indirect liability and deny release of title deeds of the property on which there is no charge

Penalty clause for non-payment of entry tax leviable only if delay is caused without any reasonable clause

July 26, 2022 894 Views 0 comment Print

Held that uncleared legal position of payment of entry tax on imported vehicles was cleared on 29.01.2019. As there was reason for delay in payment of entry tax, penalty clause cannot be invoked if the petitioners have paid/ come forward to pay the tax after 29.01.2019.

Provisional attachment order beyond the gamut of chargesheet unsustainable

July 26, 2022 1947 Views 0 comment Print

Held that the impugned proceedings rest on the second chargesheet which bids us to restrict scrutiny upto 04 September 2003 and there is no allegation that any illegal monetary gains were derived or obtained as on 04 September 2003. Provisional order of attachment held illegal.

Allowing 3 months time to file appeal is mandatory before GST recovery proceeding initiation

July 26, 2022 483 Views 0 comment Print

Purulia Metal Casting Pvt. Ltd Vs Assistant Commissioner of State Tax  (Calcutta High Court) By this writ petition, petitioner has challenged the impugned action of recovery of the demand arising out of the adjudication order dated 14th December, 2021 by debiting from its electronic credit ledger such demand on 30th December, 2021 in violation of […]

Stamp Duty on Arbitral Award payable as per Rate Applicable on date of signing Award: Karnataka HC

July 26, 2022 14865 Views 0 comment Print

Date for the purpose of quantifying the stamp duty payable on the instrument is the date on which the instrument was signed

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