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RBI cannot reject remittance on whimsical & arbitrary reasons

July 11, 2022 1641 Views 0 comment Print

Power of RBI to withhold remittance to be made under Automatic route to Wholly owned Subsidiary cannot be used to reject the remittance on whimsical and arbitrary reasons.

CBIC can appoint officers of DGCEI to act as Central Excise Officer: HC

July 10, 2022 2064 Views 0 comment Print

HC held that No restriction can be inferred on the powers of CBIC while appointing officers of DGCEI presently Directorate of GST Intelligence to act as Central Excise Officers.

Look out Circular can be Issued against personal guarantor of economic offenders

July 10, 2022 2955 Views 0 comment Print

Garikapati Venkateswara Rao W/o. Chenchaia Vs Union of India (Telangana High Court) It was not in dispute that GVR Infra Projects Limited had taken loan of Rs.250.03 Crores from the erstwhile Vijaya Bank which was now merged with Bank of Baroda, Respondent Nos.7 and 8 herein. It was also not disputed by the petitioner that […]

Second arbitration application not maintainable when order of arbitrator terminating arbitral proceedings was not challenged

July 10, 2022 1053 Views 0 comment Print

Vimlesh Bansal Vs Ashok Kumar (Rajasthan High Court) The legal maxim ‘Vigilantibus Non Dormientibus Jura Subveniunt’ literally translates to ‘the law assists only those who are vigilant and not those who sleep over their rights’. The said legal maxim applies squarely to the present case where applicants did not take recourse of law available to […]

HC restrains Rogue Websites from Illegally live streaming various sporting events

July 10, 2022 315 Views 0 comment Print

Culver Max Entertainment Private Limited Vs F1.mylivecricket.live and Ors (Delhi High Court) Defendants No. 1 to 39 are said to be rogue infringing websites engaged in the business of uploading pirated and unlicensed content. Among the various illegal acts done by them is the live streaming of various sporting events. Unauthorized communication/ broadcast to public […]

Duty drawback cannot be denied when Advance Licenses were invalidated

July 10, 2022 1074 Views 0 comment Print

Tufropes Pvt Ltd. Vs Union of India (Bombay High Court) One fact very clearly emerges from the documents annexed to the petition and the affidavits is that the advance licences of petitioner were invalidated for direct import of relevant HDPE/P Granules / Chips and petitioner was allowed to procure the same indigenously from Reliance Industries […]

High Court Quashed non-speaking one line order

July 10, 2022 924 Views 0 comment Print

Chandra Udyog Vs Assistant Commissioner, CGST & CX (Calcutta High Court) By this writ petition petitioners have challenged the impugned order of rejection of petitioners’ claim of refund of excess balance of cash ledger being annexure P/6 to the writ petition on the basis of the show cause notice dated 10th May, 2022 as appears […]

Reassessment Proceedings cannot be initiated against a dead person

July 10, 2022 966 Views 0 comment Print

Ela Roy Vs ITO (Calcutta High Court) Petitioner being the sister of the noticee, in response to notice under Section 148 of the Act has filed the return. Petitioner submits that she being a lay person, due to inadvertence has filed the return on behalf of her brother noticee though she had already informed the […]

Customs Broker cannot be penalised in violation of basic principles of natural justice

July 10, 2022 525 Views 0 comment Print

JKG associates Pvt. Ltd vs union of India & Ors (Calcutta High Court) Petitioner challenges the impugned action imposing the aforesaid penalty on the ground that the same is not sustainable for the reason of non-compliance of the formalities under Regulation 17 by which respondent Commissioner of Customs was required to issue a notice in […]

Extended Limitation cannot be invoked if SCN was issued based on balance sheet

July 10, 2022 765 Views 0 comment Print

Commissioner of Central TAX Vs ABB Limited (Karnataka High Court) Undisputed facts of the case are, as recorded in paragraph 6 of the show cause notice, it was issued based on the balance sheet for the year ending 2008. Thus, the contentions of the Revenue that respondents trading activity was not known to the department […]

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