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Money Laundering Case- HC dismisses Bail Plea of Ambience Group Promoter Raj Singh Gehlot

March 9, 2022 2484 Views 0 comment Print

Raj Singh Gehlot Vs Directorate of Enforcement (Delhi High Court) As per the prosecution complaint, in total, Term loan of Rs.810 crores was availed by AHPL and sanctioned by the consortium of banks. The funds were disbursed through an Escrow Account maintained with J&K Bank, Ansal Plaza Branch. The FIR was registered against the applicant, […]

HC issues notice of Motion- Section 130- Invocation for confiscation of goods & conveyance in transit

March 9, 2022 1731 Views 0 comment Print

Chirag Steel Vs the State of Punjab & Others (Punjab and Haryana High Court) Punjab & Haryana HC issues Notice of Motion to consider whether Section 130 can be invoked for confiscation of goods and conveyance in transit after amendment as the said section has been amended vide Finance Act, 2021 effective from 01.01.2022.   […]

HC slams GST Dept for using Coercive Measures to Meet Revenue Collection Charges

March 9, 2022 4002 Views 0 comment Print

Wipro Ltd. Vs State of Gujarat (Gujarat High Court) in the absence of any debtor – creditor relationship, the department could not have asked the bank to debit the accounts of the writ applicant – company and credit a particular amount as specified in the notices to the treasury of the State Government. We may […]

7% statutory Interest payable on delayed GST Refund

March 9, 2022 1836 Views 0 comment Print

SNG Impex Through Proprietor Satya Narayan Gupt Vs Principal Commissioner of Customs (Gujarat High Court) At the outset, Mr. Choudhary, the learned counsel submitted that during the pendency of the present writ application, the refund of IGST of Rs.7,69,093/- has been sanctioned and paid to the writ applicant by way of a cheque. However, his […]

GST: Provisional attachment ceased to be effective after completion of one year

March 9, 2022 2190 Views 0 comment Print

B.r. Consturction Company Vs Additional Director (Rajasthan High Court) The petitioner’s bank account was placed under provisional attachment by an order dated 03.12.2020 in exercise of powers under Section 83 of the Central Goods and Services Tax Act (for short ‘CGST Act’) by the respondents. Learned counsel for the petitioner pointed out that in terms […]

Magistrate cannot release the vehicle during confiscation proceedings under U.P. Excise Act

March 9, 2022 21162 Views 0 comment Print

Akhilesh Kumar Vs State of U.P. (Allahabad High Court) Question before the court is whether during confiscation proceedings under section 72 of U.P. Excise Act, the Magistrate is empowered to release the vehicle. In case of (Nand vs. State of U.P.) 1997 (1) AWC 41 and (Rajeev Kumar Singh vs. State of U.P. and ors) […]

Court should not interfere at pre-appointment stage of Arbitration for Insufficiency of Stamp Duty

March 9, 2022 1368 Views 0 comment Print

Vivek Mehta Vs KaRRs Designs & Developments (Bombay High Court) In the present case, the MOU is executed on stamp paper of Rs.100/-. Thus, there is no question of the document being “unstamped”. It is at best insufficiently stamped and if a document is insufficiently stamped, then we have to consider the effect of the […]

Overseas Indian Citizens can Seek Divorce before Indian Courts against OCI Partner

March 8, 2022 3117 Views 0 comment Print

As a necessary corollary of the above, in matrimonial causes the precept of ‘spousal–equality’ as a necessary facet of gender–equality enshrined u/a 14 of the Constitution must be given due recognition i.e., ‘truly fair equality of opportunity’ for both persons in the marriage in terms of opting into marriage & opting out, i.e., dissolution of marriage.

Customs: HC set aside punishment order imposing penalty without any enquiry & adjudication 

March 8, 2022 1545 Views 0 comment Print

Dharanidhar Ghosh Vs Union of India (Calcutta High Court) In this matter, petitioner has challenged the impugned order dated 28th January, 2022 passed by the respondent Commissioner of Customs in the case of the petitioner imposing several punishments including Punishment No.V, imposing a penalty of Rs.1 crore under Section 112 (b) of the Customs Act […]

Failure to attend Assessment Proceedings cannot be regarded as a violation of principles of natural justice

March 8, 2022 1782 Views 0 comment Print

Karvy Innotech Ltd Vs Deputy Commissioner (ASSMT) SGST Department (Kerala High Court) While considering the question whether the petitioner was deprived of an opportunity of hearing, this Court bears in mind that, by Ext.P7, petitioner had sought only for two week’s time. By Ext.P9 he had only sought for one more week’s time and by […]

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