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Insurance Company to Pay Compensation despite Driver Not Having Valid License

April 24, 2022 20100 Views 0 comment Print

Thanikodi Vs Parameswari (Madras High Court) The learned counsel for the appellant would contend that though the driver of the offending vehicle does not posses driving licence, the insurance company cannot be exonerated from the liability and they have to pay and recover and relied upon the National Insurance Company Limited vs. Swaran Singh & […]

Section 292BB cannot cure Failure to Issue Section 143(2) Notice within limitation period

April 24, 2022 996 Views 0 comment Print

PCIT Vs Cherian Abraham (Karnataka High Court) The undisputed facts are that the search was conducted in the case of a search person on 06.02.2012. Pursuant to which Section 153C proceedings were initiated against the assessee. Notice under Section 142[1] was issued on 12.09.2013 calling the assessee to file the return. Reply was filed on […]

Haryana VAT Refund : HC explains power of Commissioner to withhold refund

April 24, 2022 2577 Views 0 comment Print

Vijendra Stores Vs State of Haryana and others  (Punjab and Haryana High Court) Section 20(5) of Haryana VAT Act, 2003 Act mandates that any amount refundable to any person as a result of an order passed by any Court, appellate authority or revising authority, shall be refunded to him on an application made in the […]

HC allows Eligible input tax credit by modifying Form TRAN-1

April 23, 2022 4941 Views 0 comment Print

This court, in the case of Heritage Lifestyles and Developers and Private Limited, a perusal of the said judgment indicates that the petitioner in that case was allowed to make such claim if the petitioner was otherwise eligible for credit of the amount. Considering those facts, this Court in the said judgment directed the respondents to accept the TRAN-1 filed by the petitioner and to give the due of input tax credit in the electronic credit ledger/input tax credit of the petitioner within two weeks from the date of the order.

SVLDRS: Payment made but re-credited back due to technical glitches- HC directs Petitioner to make representation to jurisdictional designated committee

April 22, 2022 1104 Views 0 comment Print

Tvl. Jai Guru Cables Vs Principal Chief Commissioner of GST and Central Excise (Madras High Court) Heard the learned counsel for the writ petitioner and the learned standing counsel for the respondents. 2. The petitioner was running a Cable T.V. business. He had suffered an adverse assessment order vide order in Original No.MAD-CEX-000-ASC-021-11 dated 26.12.2011. […]

HC stays recovery of GST on royalty paid on account of excavation of sand for brick

April 22, 2022 4056 Views 0 comment Print

Shree Basant Bhandar Int Udyog Vs Union of India (Rajasthan High Court at Jodhpur) Learned counsel for the petitioner has submitted that as per the decision of the Hon’ble Supreme Court rendered in the case of India Cement Ltd. Etc. Vs. State of Tamil Nadu Etc., reported in AIR 1990 SC 85, the royalty is […]

HC explains time limit for passing order under Section 92CA (3) R.W. Section 153

April 22, 2022 5322 Views 0 comment Print

DCIT Vs Saint Gobain India Private Limited (Madras High Court) In the present cases, the Financial Year is 2015-16 and the assessment year is 2016-17. The period of 21 months would commence on 31.03.2017, the assessment year ended on 31.12.2018 normally and the extended period would end on 31.12.2019 and not on 01.01.2020. The contention […]

Are LIC Policyholders entitled to Dividend from Surplus Fund- Bombay HC to Examine; Refuses to stay LIC IPO

April 21, 2022 1140 Views 0 comment Print

BOMBAY HIGH COURT has refused ad-interim relief to stall the proposed Initial Public Offering (IPO) by the country’s oldest and largest insurer –Life Insurance Corporation of India, with a rider that any IPO before the court finally decides the challenge would be subject to the outcome of the petition.

Duty Drawback claim claimable despite availment of ITC

April 20, 2022 5205 Views 0 comment Print

Numinous Impex (I) Pvt. Ltd. Vs Commissioner of Customs (Madras High Court) As far as the goods falling under Customs Heading No. 8483-40-00 of the Customs Tariff Act 1975 are concerned, the rate of duty for goods both covered under these two Columns is only at 2%. Thus, there is no variation as far as […]

HC Quashes Vague order cancelling GST Registration

April 20, 2022 2844 Views 0 comment Print

HC observed that show cause notices, referred to above, and the impugned order are as vague as anything. The issue is now covered by the decision of this Court in the case of Aggarwal Dyeing and Printing Works vs. State of Gujarat & 2 Ors., Special Civil Application No.18860 of 2021, decided on 24.02.2022.

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