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Initial Assessment year for Section 80IA(5) means first year of claim of deduction

February 20, 2022 1890 Views 0 comment Print

CIT Vs Roots Multiclean Ltd. (Madras High Court) It is abundantly clear from sub-section (2) of Section 80IA that an assessee who is eligible to claim deduction u/s 801A has the option to choose the initial/ first year from which it may desire the claim of deduction for ten consecutive years, out of a slab […]

Banks cannot stop payment under Bank Gaurantees/ LCs for Dispute between Buyer/Seller

February 20, 2022 1707 Views 0 comment Print

Satish Kansal Vs Synergy Tradeco NV (Delhi High Court) Merely because there is a dispute between the buyer and the seller with regard to the contract of supply of goods, that cannot be ground for interfering with the LC. Therefore, the courts have recognized only two exceptions to the aforesaid principle where courts would pass […]

Notaries in foreign country can be legally recognized by court even without reciprocity between countries

February 19, 2022 27687 Views 1 comment Print

The Court has held that even though there might be no reciprocity between India and another country under Section 14 of the Notaries Act, 1952, the notarial acts of the Notaries in the foreign country could be given legal recognition by the courts and authorities in India.

HC allows Refund of IGST lying in Electronic Credit Ledger

February 18, 2022 2934 Views 0 comment Print

Writ applicant could be said to be entitled to claim the refund of the IGST lying in the Electronic Credit Ledger as there is no specific supplier who can claim the refund under the provisions of the CGST Act and the CGST Rules as Input Tax Credit is distributed by the input service distributor.

Confiscated goods should be returned in case of delayed issuance of notice

February 18, 2022 4404 Views 0 comment Print

In the instant case, admittedly there has been no provisional release of the seized goods. Further extension of six months with the reasoned order by the Principal Commissioner of Customs or Commissioner of Customs also is completely missing. The period of six months from the date of signature expired on 03.10.2019.

GST- Blocking of ECL- Order must specify the amount of ECL ITC blocked

February 18, 2022 6525 Views 0 comment Print

Dee Vee Projects Ltd. Vs Government of Maharashtra (Bombay High Court) Order not specifying amount to the extent to which the ECL has been blocked is Illegal A careful perusal of Rule 86-A would show that there is no specific mention therein about the blocking of the ECL and what is stated is that the […]

Section 148 Notice can be issued as per law prevalent on issue date

February 18, 2022 12417 Views 0 comment Print

As held by Allahabad High Court in Mon Mohan Kohli Vs. Assistant Commissioner of Income Tax, it is concluded that law prevailing on the date of issuance of notice under section 148 has to be applied.

HC explains Rule 89(4) & 4(B) to determine quantum of ITC availed for GST refund

February 18, 2022 32676 Views 1 comment Print

Messers Filatex India Ltd. Vs Union of India (Gujarat High Court) The short point for our consideration as on date is whether the assertion on the part of the writ applicant that it is entitled to claim the refund in accordance with the formula as provided under Sub Rule (4) of Rule 89 of the […]

Recourse to Section 14 of A&C Act not available in respect of any challenge to arbitrator under Section 12(1)

February 18, 2022 4533 Views 0 comment Print

UOI Vs Aps Structures Pvt. Ltd (Delhi High Court) It is well settled that recourse to Section 14 of the A&C Act is not available in respect of any challenge to the arbitrator under Section 12(1) of the A&C Act. Such a recourse is permissible only in the event the arbitrator is ineligible by virtue […]

Public Authority liable to pay compensation to RTI complainant for negligence in discharge of duty

February 18, 2022 6858 Views 0 comment Print

State of Jharkhand Vs Information Commissioner (Jharkhand High Court) The provision of compensation has been provided under the provision of Section 19(8)(b) of RTI Act, 2005 by which a Public Authority is required to compensate the complainant for any loss or other detriment suffered. Since this Court has answered the issue about distinction in between […]

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