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All High Courts

Commission payment not allowable if not for the purpose of business

May 22, 2022 2151 Views 0 comment Print

Oripol Industries Ltd. Vs JCIT (Orissa High Court) In the present case, all the persons to whom commission was paid were either Directors of the Company or their relatives. None of them is shown to have any expertise in procuring IOF from the Indian markets for enabling the Appellant to meet the purchase order placed […]

Mere Pendency of Insolvency Petition not A Bar to Arbitrator Appointment

May 22, 2022 1044 Views 0 comment Print

Millennium Education Foundation Vs Educomp Infrastructure And School Management Limited (Delhi High Court) The Supreme Court has categorically held that the adjudicating authority i.e., NCLT has a duty to advert to the contentions put forth on the application filed under the Insolvency and Bankruptcy Code and to examine the material placed before it and record […]

Order terminating proceedings u/s 25(a) can be recalled by Arbitral Tribunal on application of claimant

May 22, 2022 1929 Views 0 comment Print

Union of India Vs Delhi State Consumer Co Operative Federation Ltd. (Delhi High Court) Facts- According to Union of India, Delhi State Consumers Co-operative Federation Limited (respondent) failed to furnish the requisite security deposit, as a result of which each of the contracts were cancelled at the risk and cost of the respondent. The Union […]

Criminal offence against lawyer in absence of any tangible evidence is unsustainable

May 22, 2022 2148 Views 0 comment Print

Bhaskar Banerjee Vs CBI (Calcutta High Court) Facts- Mr. Partha Das Chowdhury and Smt. Baisali Mukherjee, two directors of Emotions Infomedia Private Limited, applied for cash credit loan facility before Opposite Party no.2/ Bank. The petitioner an empanelled advocate of IDBI Bank/ Opposite Party no.2. prepared a favorable Search Report on the basis of two […]

GST refund cannot be denied merely for Mistake in Filing GSTR-3B

May 21, 2022 10548 Views 0 comment Print

Madras HC directs sanction of refund, which was not sanctioned due to non transmission of data from GST portal to Customs portal, due to entry of wrong details in GSTR 3B by the taxpayer.

Generation of LPG, a by-product, cannot hinder the fact that entire quantity of input and input services used for manufacture of dutiable product

May 21, 2022 390 Views 0 comment Print

Principal Commissioner Vs Reliance Industries Ltd. (Gujarat High Court) Generation of LPG, a by-product, cannot hinder the fact that entire quantity of input and input services used for manufacture of dutiable product Facts- The respondent is engaged in the manufacture of excisable goods like Motor Spirit, High Speed Diesel, LPG etc. It is the case […]

GST Registration cannot be cancelled withput affording opportunity of hearing

May 21, 2022 474 Views 0 comment Print

Unique Instruments And MFRS. Pvt Ltd. Vs State of Karnataka (Karnataka High Court) High Court that mere consideration of reply and submissions would not be sufficient and opportunity of personal hearing was to be granted and same would not indicate that the petitioner was present during the hearing of the proceedings leading to cancellation of […]

Classification of goods – Pattadar pass book cum title deed

May 20, 2022 6222 Views 0 comment Print

HC held that ’Pattadar Pass Book cum Title Deed’ is classifiable under HSN 4820 and it is not a document classifiable under HSN 4907.

CIT(A) bound to consider stay petitions & decide the same by speaking order

May 19, 2022 2868 Views 0 comment Print

Know Telangana High Court’s decision on stay petitions filed by APR Jewellers Pvt. Ltd. against CBDT circulars. Stay granted pending appeal.

Delhi HC Ruling on alleged More than Rs. 1 lakh Crore Income escaped assessment

May 19, 2022 12423 Views 1 comment Print

Analysis of Delhi HC Ruling on order passed under Section 148A(d) passed by order Delhi High Court in the case of Divya Capital One Private Limited Vs. ACIT, alleging income of more than Rs one lakh crore having escaped assessment.

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