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All High Courts

CESTAT Order on Classification of Goods & Determination of Customs Duty Appealable only before SC

April 18, 2022 2268 Views 0 comment Print

Commissioner of Customs II JNPT Vs Axiom Cordages Ltd. (Bombay High Court) Impugned order of CESTAT and the appeal memo clearly indicates that the main controversy which arises for determination is in the nature of classification dispute, which relates directly and proximately to the rate of duty applicable for the purpose of assessment and therefore the […]

Pre-deposit Payment by Parent Company is proper compliance: HC

April 18, 2022 303 Views 0 comment Print

St. John CFS Part Pvt. Ltd. Vs Commissioner of Central Excise (Madras High Court, Madurai Bench) Taking note of the pendency of the merger proceedings, the parent company namely, M/s.St.John Freight System Limited, deposited the money as directed by the conditional order. The Tribunal has refused to accept such deposit as a proper compliance with […]

HC allows expense on payment of bonus to Directors

April 18, 2022 4947 Views 0 comment Print

PCIT Vs BMO Advisors Pvt. Ltd. (Delhi High Court) This Court in AMD Metplast Pvt. Ltd. V. DCIT, (2012) 341 ITR 0563 as well as in CIT v. Career Launcher India Ltd., (2013) 358 ITR 0179 (Delhi) has upheld grant of bonus by companies to its directors. Consequently, this Court is of the view that […]

Vehicle carrying goods ought not to be stopped/seized by authorities for expiry of E-way bill

April 18, 2022 36729 Views 2 comments Print

Podder & Podder Industries Private Limited Vs State of Tripura and others (Tripura High Court) HC held that balance has to be brought between transportation of goods as well as the taxing event i.e. the sale or purchase of goods of service. In a case where there is no doubt that a transaction is made […]

VAT refund after 01.07.2017 must be Processed Under Section 142 (3) of CGST Act, 2017: HC

April 18, 2022 2289 Views 0 comment Print

Rainbow Stones Private Limited Vs Assistant Commissioner (ST) (Madras High Court) Under Section 142(3) of CGST Act, 2017, it is provided that, every claim for refund filed by any person before, on or after the appointed day (i.e. 01.07.2017), for refund of any amount of CENVAT credit, duty, tax, interest or any other amount paid […]

GST Evasion Case: Allahabad Grants Bail to Accused

April 18, 2022 1419 Views 0 comment Print

Applicant contends that the applicant has been falsely implicated in the instant case. The statement of the applicant under Section 70 of the C.G.S.T Act, 2017 is self-implicatory which was extracted by coercion and made under duress.

Failure to issue Section 143(2) notice cannot be condoned under Section 292BB

April 18, 2022 1806 Views 0 comment Print

PCIT Vs Consortium Nussli Comfort Net (Delhi High Court) Supreme Court in Commissioner of Income-Tax vs. Laxman Das Khandelwal (supra) has clearly stated that the scope of Section 292BB is to make service of notice having certain infirmities to be proper and valid. However, the section does not save complete absence of notice. For section […]

Dues of a secured creditor have preference over Crown debts: HC

April 17, 2022 1188 Views 0 comment Print

Gujarat High Court clarifies precedence of secured assets between a bank and the Income Tax Department in Alok Agarwal’s case. Read the judgment details.

Proviso (v) To Section 14(1) SARFAESI Act is Valid Constitutionally

April 17, 2022 2646 Views 0 comment Print

Kumaresh K Vs Union Of India and Other (Karnataka High Court) It is evident that Section 14(1)(v) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) provides that an application which may be submitted by the secured creditor shall be accompanied by an affidavit duly affirmed by authorized […]

Flat Occupier Entitled to Transit Rent for Dispossession Period during Redevelopment

April 17, 2022 4287 Views 0 comment Print

Maniar Associates LLP Vs Vijay Niwas Co-op. Hsg. Soc. Ltd. & Ors. (Bombay High Court) he fact remains that as respondent no.3 is in possession of the tenement in question and would now be handing over possession of such tenement to the petitioner/society. Hence considering the consistent view taken by this Court in Heritage Lifestyles and […]

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