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All High Courts

Compounding Benefit under Income Tax cannot be denied for non-acquittal from Criminal Charges

March 6, 2022 1929 Views 0 comment Print

Jai Singh Goel Vs Chief Commissioner of Income Tax (Central) & Anr. (Delhi High Court) Impugned Order dated 21.08.2018 rejects the application of the petitioner seeking compounding of offence on two grounds: 1) That the application has been filed beyond the period of limitation; 2) The petitioner already stands convicted by the Competent Court. As […]

Summons for appearance & authorization for arrest under GST is not a Criminal Proceedings

March 6, 2022 3255 Views 0 comment Print

Summons for appearance issued under Section 70 of the CGST Act and the authorization for arrest issued under Section 69 (1) of the CGST Act, do not fall within the ambit of the definition of Criminal Proceedings, because criminal proceeding commences, only after the launch of prosecution. It

Pre-show-cause notice consultation not Mandatory but Directory & Discretionary

March 6, 2022 2298 Views 0 comment Print

Jagdish Das Vs Union of India (Calcutta High Court) Heard learned Advocates appearing for the parties. In this writ petition, petitioner has challenged the impugned show-cause-cum-demand notice dated 23rd April, 2021 issued by the CGST Authority concerned on the ground that the same was issued without issuing pre-show cause notice consultation as per Circular No.1076/02/2020 […]

HC quashes order passed without providing documents relied & by denying cross-examination of witnesses

March 6, 2022 1434 Views 0 comment Print

Sunil Kumar Mitra Vs Union of India (Calcutta High Court) Considering the submission of the parties and admitted position which appears from record, I am of the view that in this case there was violation of principle of natural justice and the impugned order of the Appellate Authority is a non-speaking order on the aforesaid […]

GST Registration cannot be cancelled in violation of principles of natural justice

March 6, 2022 3015 Views 1 comment Print

Latika Ghosh Vs  Commercial Tax Officer/Assistant Commissioner (Calcutta High Court) 1. The court ordered for the restoration of the appellant’s certificate of registration under the provisions of both West Bengal Goods & Service Tax Act and Central Goods & Service Tax Act within one week after noting that the order for cancellation of registration is […]

Writ against SCN not maintainable if no objection was filed against the same

March 6, 2022 3222 Views 0 comment Print

Sri Rajendra Narayan Mohanty Vs CT & GST (Orissa High Court) Since the Petitioner has come up before this Court without raising any objection or filing any reply to the said Show Cause Notice, we are not inclined to entertain the writ petition at this stage. The contentions of the Petitioner are in the nature […]

Full Disclosure of Food Article being Veg or Non-Veg is Fundamental Rights: HC

March 6, 2022 3279 Views 0 comment Print

Ram Gaua Raksha Dal Vs UOI (Delhi High Court) Since the right of every person under Article 21 and Article 25 is impacted by what is offered on a platter, in our view it is fundamental that a full and complete disclosure regarding the food article being vegetarian or non vegetarian is made a part […]

HC quashes order for Confiscation of car for alleged use in Smuggling passed without opportunity of hearing 

March 6, 2022 702 Views 0 comment Print

As per Section 115(2) of the Customs Act, 1962 Any conveyance or animal used as a means of transport in the smuggling of any goods or in the carriage of any smuggled goods shall be liable to confiscation, unless the owner of the conveyance or animal proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the conveyance or animal

Vested right of taxpayer cannot be defeated for Technical Glitches in GSTN

March 6, 2022 5715 Views 1 comment Print

Bodal Chemicals Ltd. Vs Union of India (Gujarat High Court) HC held that GST department cannot raise their hands in despair saying that it is not possible to correct or take care of the technical glitches. The writ applicant herein has been running from pillar to post requesting the respondents to provide a solution and […]

Sale deed registration operate from the time from which it would have commenced to operate if no registration was required or made

March 5, 2022 10452 Views 0 comment Print

Chitranshi Goyal Vs Indian Oil Corporation Ltd. (Rajasthan High Court) The facts of the case are that on 14/12/2018, an advertisement was issued by the respondent-IOCL in daily newspaper “Rajasthan Patrika’ for selection of dealers qua IOCL retail outlet at various locations. The respondent-IOCL also issued a brochure dated 24/11/2018 for selection of dealers for […]

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