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Stamp duty not payable on Oral Family Settlements put in Writing Only for Information

April 3, 2022 26436 Views 0 comment Print

Himani Walia Vs Hemant Walia & Ors (Delhi High Court)  Delhi High Court held that family settlements are not required to be compulsorily registered, and stamp duty is not required to be compulsorily paid in respect of the same, when the settlement has been arrived at initially as an oral partition and is thereafter put […]

GVAT: Garnishee proceeding cannot be initiated without notice to concerned person

April 3, 2022 2283 Views 0 comment Print

Shakti Cotton Pvt. Ltd. Vs Commercial Tax Officer (Gujarat High Court) Proceedings under Section 44 of the GVAT Act are in the nature of garnishee proceedings, i.e. attachment of a debt by means of which judgment-creditor is enabled to reach the money due from the judgment-debtor, which is in the hands of a third person. […]

Order passed without giving reasons violates principles of natural justice

April 3, 2022 1242 Views 0 comment Print

N. Srinath Reddy Vs State of Andhra Pradesh (Andhra Pradesh High Court) The petitioner had been granted a quarry lease for Black Granite, for a period of 20 years. The said lease had been determined by an order dated 31.07.2018. Aggrieved by the said order, a Revision was filed under Rule 35-A of the A.P.Minior […]

HC cannot entertain question relatable to rate of duty/ benefit of exemption notification

April 3, 2022 462 Views 0 comment Print

Commissioner of Customs  Vs CRI Limited (Calcutta High Court) First, we take up for consideration the preliminary objection raised by Mr. Ghosh with regard to the maintainability of the appeal before this Court. The facts are not in dispute, namely, that the benefit of the notification no.45 of 2005 has been denied. In such circumstances, […]

Legal Consultant not attended Due to COVID-19- HC directs to allow another Opportunity

April 3, 2022 438 Views 0 comment Print

Emami Agrotech Limited Vs Union of India & ors. (Calcutta High Court) HC held that appellant has pleaded a genuine difficulty that its consultant being tested positive for Covid-19 and unable to appear. Such request has to be accommodated unless it is shown to be absolutely false. Mr. Banerjee, learned senior standing counsel for the […]

HC quashes Section 144B order passed without issuing Draft Assessment order with SCN

April 3, 2022 4296 Views 0 comment Print

Symphony Limited Vs ADIT/ACIT/DCIT (Gujarat High Court) It is by now well settled that the issuance of a show cause notice along with the draft assessment order is sine qua non before passing an order under Section 144B of the Act. Undisputedly, in the case on hand, no show cause notice came to be issued along […]

Pre-show cause notice consultation necessary even if same is preventive / related to an offence

April 3, 2022 2697 Views 0 comment Print

L and T Hydrocarbon Engineering Ltd Vs Union of India (Gujarat High Court) Gujarat High Court has held that- [a] The Revenue is not correct in its stance that in the case on hand, the pre-show cause notice consultation was not necessary as the impugned show cause notice is for preventive / related to an […]

Passport Renewal cannot be rejected merely for Pendency of Criminal Cases

April 3, 2022 30948 Views 0 comment Print

Asutosh Amrit Patnaik Vs State of Orissa (Orissa High Court) As per notification No. GSR 570(E) dated 25.8.1993 issued by the competent authority to consider the pendency of criminal case in the granting of renewal of the passport in certain circumstance more particularly issuing a set of guidelines which read as follows: “(a) the passport to […]

Section 18(8)(ix) of JVAT Act not applicable when no manufacturing activity is undertaken by the dealer: HC

April 3, 2022 417 Views 0 comment Print

Exide Industries Limited Vs The State of Jharkhand (Jharkhand High Court) The present dispute pertains to the period 2012 -2013. The Petitioner during the said period, had made local purchases of scrap batteries worth Rs. 6,12,45,703/- on which it had claimed Input Tax Credit (ITC) of Rs. 30,62,285. However, in the assessment order ; the […]

Reassessment provisions framed under Finance Act, 2021 cannot be deferred by CBDT notifications: HC

April 3, 2022 939 Views 0 comment Print

Shweta Kedia Vs ITO (Rajasthan High Court) Issues: Whether after introduction of new provisions for reassessment of income by virtue of the Finance Act, 2021 with effect from 01.04.2021, substituting the then existing provisions, would the substituted provisions survive and could be used for issuing notices for reassessment for the past years and Whether the […]

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