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All High Courts

Addition for Unexplained Investments cannot be made based on principles governing cash credit

February 18, 2022 1806 Views 0 comment Print

Kishan Kothwal Vs ITO (Telangana High Court) HC held that The parameters for making addition under Section 68 of the Act and under Section 69A of the Act, though may appear to be similar, however, is not so; therefore, addition of cash credit under Section 68 of the Act would stand on a different pedestal. […]

Gujarat HC asks Custom Authorities to consider waiving Demurrage Charges in Lieu of Wear & Tear suf-fered by Importer

February 17, 2022 1398 Views 0 comment Print

Hazel Mercantile Ltd Vs Chief Commissioner Of Customs (Gujarat High Court) At this stage, Mr. Nankani made two fold fervent appeals. He made a request that the earlier bond, which was furnished by his client to the respondent No.1 should be returned as the writ applicant has now been asked to furnish a fresh bond. […]

RERA Authority can entertain complaints by home buyers against bank: HC

February 17, 2022 6303 Views 0 comment Print

RERA authority has the jurisdiction to entertain a complaint by an aggrieved person against the bank as a secured creditor if the bank takes recourse to any of the provisions contained in Section 13(4) of the SARFAESI Act.

IGST not payable on residential dwelling rented for the purpose of hostel

February 16, 2022 18237 Views 1 comment Print

HC held that the service provided by the petitioner i.e., leasing out residential premises as hostel to students and working professionals is covered under Entry 13 of Notification No.9/2017 dated 28.09.2017 namely ‘Services by way of renting of residential dwelling for use as residence’ issued under the Act. The petitioner is held entitled to benefit of exemption notification.

Hon’ble Bombay High Court Condones 8 years delay in filing appeal against penalty Orders

February 16, 2022 4038 Views 0 comment Print

Bombay High Court condones 8-year delay in filing appeals against penalty orders. Ruling benefits assessees facing prosecution after penalty payment.

Taxpayer cannot be deprived of ITC for technical glitch in portal

February 16, 2022 4359 Views 0 comment Print

Ezzy Electricals Vs State of Gujarat (Gujarat High Court) HC held that if the writ applicant is otherwise entitled to claim the Input Tax Credit under Section 18(1)(c) of the Act, a technical glitch in the portal should not deprive him of such a claim. It was within the capacity of the department itself to […]

Financial crisis can be considered for condonation of delay

February 15, 2022 3681 Views 0 comment Print

Nandlal Namdev Otwani Vs Vijay Jayprakash Ahuja (Gujarat High Court) HC held that At this stage only the point needs to be considered as to whether the delay occurred in preferring the said Appeal from Order is well explained or not. Now as the legal settled proposition which has been set-out here-in-above, considering the prevalent […]

Joint commissioner is directed to quantify the duty, bond amounts etc. and release black pepper consignment

February 13, 2022 1245 Views 0 comment Print

The captioned matter pertains to import of Black Pepper of Sri Lankan origin, seizure of the same on alleged grounds of over valuation to circumvent a custom notification and the captioned matter pertains to release of consignment under Section 110A of ‘the Customs Act, 1962.

Better to Abolish Tribunals If Govt cannot Appoint Presiding Officer/Chairman In DRT/DRAT

February 13, 2022 951 Views 0 comment Print

Canara Bank/Assets Recovery Mgmt. Branch Vs Debts Recovery Tribunal (Allahabad High Court) 1. Notices in Writ A No.682 of 2022 on behalf of respondent Nos.2 and 3 has been accepted by Mr.Amarjeet Singh Rakhra, Advocate and Mr. Rakesh Srivastava, Advocate respectively. learned Additional Chief Standing Counsel. Notices in Writ C No.692 of 2022 on behalf […]

GST Authority should follow procedure under Section 70 of CGST Act: HC

February 13, 2022 2262 Views 0 comment Print

Dhariwal Products Vs Union of India (Rajasthan High Court) By way of the instant writ petition, the petitioner seeks to assail the action of the respondent GST Department and its officials in conducting search and seizure of the petitioner’s premises, coercing the petitioner to deposit a huge sum of Rs.11.5 crores during the course of […]

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