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Change in Panel counsels – Dept should make alternate arrangement in advance

July 5, 2022 1131 Views 0 comment Print

PCIT Vs Emarsso Exports Pvt. Ltd. (Bombay High Court) The learned Counsel for the Appellant-Revenue present in Court states that Advocate who filed the appeals is no longer on the panel of the Department and they seek time to take instructions as to who will be assigned with the matter and to file vakalatnama. 2. […]

GAT Evasion case: Rajasthan High Court Grants Bail to accused

July 5, 2022 1593 Views 0 comment Print

Kamal Chand Bothra Vs Union of India (Rajasthan High Court) 1. The present bail application has been filed under Section 439 Cr.P.C. arising out of F. No.DGGI/INT/INTL/668/2022/-Gr-A-O/o ADG-DGGI-JZU-JAIPUR; Registered at Directorate General Of Goods and Services Tax Intelligence, Jaipur Zonal Office, Jaipur relating to offence punishable under Sections 132 (1) of Central Goods and Services […]

GST: Not furnishing certified copy of order appealed against within 7 days of filing of appeal is a mere technical defect

July 3, 2022 10587 Views 0 comment Print

Atlas Pvc Pipes Limited Vs State of Odisha (Orissa High Court) It is ex facie clear from the copy of Memo of Appeal in Form GST APL-01 vide Annexure-2 series to the writ petition that having received the Order passed under Section 74 of the OGST Act on 20.01.2021, the Petitioner filed the appeal invoking […]

No demand can be made under GST in Form DRC-01A without issue of section 74(1) Notice

July 3, 2022 5604 Views 0 comment Print

Madras HC quashes assessment orders against Anantham Retail Pvt. Ltd. for tax years 2019-22. Violation of natural justice cited. Learn more.

No Suppression if SCN was issued based on disclosure in Balance Sheet

July 3, 2022 1980 Views 0 comment Print

Respondent submitted that the show cause notice issued was on the basis of the balance sheet wherein all activities of the assessee were truly declared. Therefore, there was no suppression of material facts.

HC allows re-Export of goods subject to Authority of dept to impose penalty for irregularities

July 3, 2022 606 Views 0 comment Print

Assistant Commissioner of Customs Vs Mahadev Enterprises (Madras High Court) The simple prayer in the writ petition is to direct the appellants to permit the respondent to re-export the goods, namely, Unflavored Supari (Betelnut Product) and to issue a ‘Detention Certificate’ for waiver of demurrage and container detention charges. The respondent imported Betelnut Product with […]

IBC proceedings cannot dilute rights of Income Tax Depat to reopen assessment

July 2, 2022 12108 Views 0 comment Print

The Madras High Court rules that IBC proceedings cannot affect the rights of the Income Tax Department to reopen assessments.

GST circular dated 31.03.202 cannot be applied to oust legitimate claim for accumulated ITC refund

July 2, 2022 2280 Views 0 comment Print

Baker Hughes Asia Pacific Limited Vs Union Of India (Rajasthan High Court) HC held that that the circular dated 31.03.2020, being a subordinate legislation, is repugnant and conflicting to the parent legislation i.e. Section 54(3)(ii) of the CGST Act and hence, the same cannot be applied to oust the legitimate claim for accumulated ITC refund […]

Application u/s 9 maintainable only after termination of conciliation proceedings

July 2, 2022 1938 Views 0 comment Print

Powers under Section 9 of the A& C Act cannot be invoked by the competent Court prior to the termination of the conciliation proceedings under the MSMED Act.

Withholding payment due to unliquidated damages is unsustainable

July 2, 2022 945 Views 0 comment Print

There cannot be any justification for the ONGC to withhold any amount on the premise that it has a claim of unliquidated damages against the petitioner

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