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HC Stays Implementation of Haryana State Employment of Local Candidates Act, 2020

February 10, 2022 888 Views 0 comment Print

The Haryana State Employment of Local Candidates Act, 2020, was passed in November last year. It had come into effect on January 15, 2022.The High Court observed that the core issue for consideration was whether any State can restrict employment even in the private Sector on the basis of Domicile.

Penalty cannot be imposed for mentioning wrong period in VAT challan

February 10, 2022 1308 Views 0 comment Print

Imposition of penalty is called for where the assessee fails to furnish returns by the due date, which is not the position in the present case. Admittedly, Petitioner has deposited the requisite tax for the relevant quarter of the assessment period but has inadvertently mentioned the wrong period in the challan and therefore, cannot be, in our view, saddled with the liability of penalty.

Genuineness of E-way Bill related to Coal- HC grants interim bail

February 10, 2022 1743 Views 0 comment Print

The learned senior counsel for the petitioner has submitted that the E-way Bills allegedly transmitted by the petitioner in connection with the coal involved in this case are genuine and not fake. The petitioner has also produced a copy of the E-way Bill, as Annexure at page 16 which is a GSTR-1 format. He has also furnished, at page 21 to 29, the formant of GSTR-3B.

GSTN cannot avoid giving effect to Court order by giving excuse of technical glitches

February 10, 2022 999 Views 0 comment Print

Wardwizard Innovations And Mobility Limited Vs Commissioner, SGST (Gujarat High Court) Learned AGP expressed an apprehension that even as on date, the respondent no.2 may not be in a position to give effect to the order passed by the appellate authority due to technical glitches. Mr. Sharma solicits the help of the respondent no.3 – […]

SVLRDS-1 cannot be denied merely for issue of Summons after cut-off date of 30.06.2019

February 10, 2022 840 Views 1 comment Print

UCC Infrastructure Pvt. Ltd. Vs UOI (Bombay High Court) In the facts of this case also the respondents had issued a summons only on 30th August, 2019 i.e. after 30th June, 2019 and thus summons issued after the cut-off date of 30th June, 2019 could not be the ground for declaring the application filed by […]

ITC cannot be denied despite non-deposit of VAT by selling dealer: Rajasthan HC

February 10, 2022 5658 Views 0 comment Print

Whether Rajasthan Tax Board was justified in law in holding that respondent cannot be hold responsible for amount not deposited by selling dealer and allowed benefit of Input Tax Credit which ultimately will amount to double jeopardy to State as selling dealer has not deposited tax whereas subsequent dealer has claimed benefit of Input Tax Credit.

Section 138 of NI Act lies only in respect of enforceable debts – Gujarat High Court

February 10, 2022 7278 Views 0 comment Print

Held Issuance of warrant of attachment in respect of any property situated outside the local limits of jurisdiction is barred in view of the provisions of Section 39(4) of the Code of Civil Procedure and hence, the executing Court at Rajkot was directed to examine the matter afresh.

Doctrine of frustration not applies merely because of commercial hardship to perform a contract

February 9, 2022 3312 Views 0 comment Print

Suneesh K.S. Vs Travancore Devaswom Board (Kerala High Court) Facts- The petitioner is the successful bidder in the auction conducted by the Board for the sale of pooja items and flower garlands inside Valliyamkavu Devi Temple from 01.04.2021 to 31.03.2022. Later on, the petitioner failed to deposit some of the instalments. The main reason for the […]

GST registration cannot be suspended for more than 2 months on the basis of SCN lacking any reason or fact

February 9, 2022 2430 Views 0 comment Print

HC quashed ’SCN’ issued by Revenue Department suspending GST registration of the assessee and directed to reissue a fresh SCN with all the relevant facts and reasons within a week’s time regarding. Further, directed the Revenue Department to restore the assessee’s GST registration and issue a practice direction so that in future, if any SCN for cancellation of GST registration is issued, the same is not bereft of any material particulars or reasons.

Assessment order cannot be issued without giving an opportunity of being heard and is against the principles of natural justice

February 9, 2022 7080 Views 0 comment Print

HC held that the Revenue Department cannot issue assessment orders without giving the assessee an opportunity of being heard and is against the principles of natural justice. Further, remanded back the matter to be heard as a fresh case.

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