HC held that, orders denying refund claim to the assessee for accumulated credit of Compensation Cess, where the reason of claim being time barred is absent but certain other reasons have been assigned that are sufficient to enable the assessee to know the cause for rejection of the claim for refund cannot be categorized to be non-speaking. Further, relegated the matter for avail the alternate remedy of appeal
Bail granted on the basis that there is no substantial allegation that the accused failed to comply with any such notices during the period of investigation. No material has been placed on record to establish any change of circumstances on the basis of which their arrest could have been considered
Held that this Court while exercising the writ jurisdiction under Article 226 of the Constitution of India cannot entertain or adjudicate upon such issues based on additional facts not advanced earlier. Writ petition not entertained on the ground of the petitioner has not availed of alternative efficacious remedy available under section 26 of the MVAT Act.
It was incumbent on the part of the petitioners to have made proper declaration under Customs Baggage Declaration Regulations, 2013 read with Baggage Rules 2016. These Rules apply to all passengers including tourist coming to India.
HC held that under the Customs Act, 1962, there are different Power Centres for appointing persons as Officers of Customs for discharging their powers and functions (duties) imposed under the Act. The contours of powers to be exercised by such Officers of Customs is to be drawn by the Board.
Bombay High Court in the case of Okay Paper Products Pvt. Ltd. Has allowed the revision of TRAN – 1 form on the online portal and directed the Government to open the form within 2 weeks.
HC held that, detention/seizure of the vehicle and goods without issuing proper notice or detention order by the proper officer is in gross contravention of the statutory provisions.
Explore the residency dispute in Smt. Kamla vs Hindustan Petroleum Corp. Detailed analysis of the court view on residency criteria under Foreign Exchange Management Act and Income Tax Act.
Penalty was not to be imposed on assessee as demand did not form part of the notice dated 13.08.2020 and opportunity of hearing was not provided to assessee.
This liability of GST (taxes) was certainly not in contemplation of the parties when they entered into the contract in the year 2001. MCGM who would be liable to pay the GST to the Government on a Reverse Charge basis and the same cannot be deducted from the dues payable to the Applicant.
