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All High Courts

HC strike down Provisions of Karnataka Police (Amendment) Act banning Online Gaming

February 21, 2022 10140 Views 0 comment Print

All India Gaming Federation Vs State of Karnataka (Karnataka High Court) Held by High Court 1. The provisions of Sections 2, 3, 6, 8 & 9 of the Karnataka Police (Amendment) Act 2021 i.e., Karnataka Act No.28 of 2021 are declared to be ultra vires the Constitution of India in their entirety and accordingly are […]

DGFT cannot take away benefits conferred by FTP by way of a circular

February 21, 2022 1842 Views 0 comment Print

Essar Shipping Limited Vs Union of India (Bombay High Court) By instituting this writ petition, petitioner seeks to challenge Policy Circular No. 25 of 2007 dated 1st January, 2008 issued by DGFT, the second respondent. According to the petitioner, in the garb of purported clarification, the DGFT has curtailed benefits available to service providers, such […]

HC upheld suspension of FCRA registration of Commonwealth Human Rights Initiative

February 21, 2022 1437 Views 0 comment Print

Commonwealth Human Rights Initiative Vs Union of India (Delhi High Court) Delhi High Court upheld the decision of Centre to suspend FCRA registration of  Commonwealth Human Rights Initiative for alleged violations of the Foreign Contribution (Regulation) Act, 2010 (FCRA, 2010). Impugned order records the following violations of the FCRA, 2010: i. The activities / projects […]

HC refuses Anticipatory Bail in PMLA case

February 21, 2022 2730 Views 0 comment Print

Directorate of Enforcement Vs Kamma Srinivasa Rao (Telangana High Court) In the present case, the allegations against the accused are that he is the main conspirator and has derived proceeds of crime in the form of movable and immovable assets. The accused along with other IMS officials and private persons is alleged to have conspired […]

Refund of Cenvat Credit cannot be claimed as credit in Service Tax Return

February 21, 2022 5022 Views 0 comment Print

Rungta Mines Limited Vs Commissioner of Central Goods & Services Tax and Central Excise (Jharkhand High Court) In the instant case, as per the case of the petitioner, the entire problem has cropped up due to non-receipt of the invoice in original from the port authorities although the port services were availed and payments for […]

HC disposes appeal as Assessee availed benefit under Direct Tax Vivad Se Vishwas Act, 2020

February 21, 2022 441 Views 0 comment Print

PCIT Vs Indian Additives Ltd (Madras High Court) This Tax Case Appeal has been filed by the appellant / Revenue challenging the order dated 14.06.2016 passed by the Income Tax Appellate Tribunal, Bench ‘A’, Chennai in I.T.A.No.835/Mds/2016, relating to the assessment year 2010-11. 2. By order dated 23.01.2017, this court admitted the aforesaid tax case […]

Sessions or Additional Sessions Judge cannot try offences under IBC

February 20, 2022 1518 Views 0 comment Print

Satyanarayan Bankatlal Malu Vs IBBI (Bombay High Court) It can be noticed that under Section 435 of the Companies Act, Special Court, comprising of Sessions Judge or Additional Sessions Judge, was in place since 2013 and it retained its jurisdiction to try the offences under the Companies Act. Amendment of 2017, for the first time brought […]

RVAT: Penalty justified for concealing transactions of sale & purchase to avoid payment of Tax

February 20, 2022 1332 Views 0 comment Print

Assistant Commissioner Vs C.P. Agro Industries (Rajasthan High Court) The Tax Board has neither recorded any cogent finding on merits of the case before setting aside the penalty nor it has considered the provisions of section 61 of the RVAT Act, 2003, more particularly, when the fact was proved before all the Authorities that Forms-C […]

HC dismisses Reassessment Notice to Tata Sons Based on mere change of opinion

February 20, 2022 903 Views 0 comment Print

Tata Sons Limited Vs DCIT (Bombay High Court) Bombay High Court find substance in the submission of Mr.Pardiwalla that the case at hand is nothing but an instance of mere change of opinion. A bare perusal of the reasons indicates that the exercise was infuenced by a mere change of opinion. To start with, it […]

Deactivation of DIN of the Directors is not automatic: HC

February 20, 2022 4830 Views 0 comment Print

Satya Narayan Banik Vs Union of India (Calcutta High Court) This Court is of the view that the object and purposes of Section 164 and 167, as amended is to ensure probity and the highest standard of governance in Companies both public and private. A failure to file balance sheet and the annual returns for […]

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