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All High Courts

Telangana Value Added Tax (Second Amendment) Act, 2017 is unconstitutional

July 12, 2022 1857 Views 0 comment Print

Sri Sri Engineering Works Vs Deputy Commissioner (CT) (Telangana High Court) Challenge made in this batch of writ petitions is to the constitutionality of Telangana Value Added Tax (Second Amendment) Act, 2017. It is the contention of the petitioners that Telangana Value Added Tax (Second Amendment) Act, 2017 is ultra vires the Constitution of India and thus […]

Relevant date for claiming Pension Scheme is date of actual appointment & not date of approval of appointment

July 12, 2022 2190 Views 0 comment Print

HC held that the relevant date for claiming Old Pension Scheme is the date of actual appointment and not the date of approval of appointment.

Non-filing of Section 8 application under Arbitration Act not amounts to surrendered to jurisdiction of court by petitioner

July 12, 2022 5694 Views 0 comment Print

Jammu & Kashmir HC clarifies non-filing of Section 8 application doesn’t waive arbitration rights. Anita Mehta seeks arbitrator appointment.

Refund of Service Tax paid by Mistake cannot be denied on Limitation ground: HC

July 12, 2022 1881 Views 0 comment Print

Bellatrix Consultancy Services Vs Commissioner of Central Tax (Karnataka High Court) It is not in dispute that assessee had paid service tax on an erroneous assumption that it was liable to pay the taxes. The Assessing Authority has allowed a part of the claim. Thus, according to the Assessing Authority, appellant is not liable to […]

Scolding Employee to Maintain Office Discipline not an offence under IPC

July 12, 2022 5703 Views 0 comment Print

When an employee is scolded just with a view to maintain office discipline and out of fear or being hyper­sensitive, if an employee commits suicide, that would not constitute an offence attracting provisions of Section 306 of Indian Penal Code as the action taken by the employer was in good faith to maintain office discipline.

GST on Mining Royalty: Rajasthan HC Grants Interim Protection

July 12, 2022 2979 Views 0 comment Print

Shree Basant Bhandar Int Udyog Vs Union of India (Rajasthan High Court) This bunch of writ petitions primarily involves the issue of permissibility of raising demand of GST on royalty. The petitioners in these petitions have challenged the notifications whereby, royalty paid by them on mining activity is being subjected to GST and/or notices issued […]

HC quashed GST order for violation of principles of natural justice

July 11, 2022 3918 Views 0 comment Print

Santosh Kumar Gupta Vs Assistant Commissioner of Revenue (Calcutta High Court) The Hon’ble Division Bench of High Court at Calcutta set a side an order passed by the Learned Single Bench of Calcutta High Court by quashing the assessment order passed by the WBGST Authority and remanded the same to the Authority concern on account […]

GST registration cancellation without personal notice- HC invokes jurisdiction

July 11, 2022 1170 Views 0 comment Print

A notice was given on the website, which is not sufficient, and a personal notice has to be given before cancellation of the GST registration. Therefore, the Court can invoke its jurisdiction under Article 226 of the Constitution.

A&C Act not inviolable Based on A Non-Binding Arbitration Agreement

July 11, 2022 1065 Views 0 comment Print

Held that as the agreement between the parties provided for a ‘non-binding’ arbitration, there was absolutely no intention of the parties to enter into an arbitration agreement and that the said agreement could not be termed as an arbitration agreement.

GST: Provisional attachment post conclusion of proceedings is not maintainable

July 11, 2022 1041 Views 0 comment Print

HC Held that the provisional attachment of the bank account is not maintainable once search under Section 67 has been concluded and the department is said to be in the process of proceedings to take Section 74 of the CGST Act.

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