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All High Courts

Cricket Match Fixing not amounts to Cheating under section 420 of IPC

January 27, 2022 2532 Views 1 comment Print

Abrar Kazi Vs State of Karnataka (Karnataka High Court) It is true that if a player indulges in match fixing, a general feeling will arise that he has cheated the lovers of the game. But, this general feeling does not give rise to an offence. The match fixing may indicate dishonesty, indiscipline and mental corruption […]

Mis-classification of Imported Goods- HC permits re-export of good on Furnishing of Bank Guarantee

January 27, 2022 1560 Views 0 comment Print

Additional Director General Vs Hazel Mercantile Ltd (Gujarat High Court) t appears from the materials on record that the respondent No.1 herein imported goods declaring the same to be ‘Naphtha’ classified under CTH 27101229. The goods were imported at the Kandla Port vide the Bills of Entry. It appears that the respondent No.2 herein – […]

Deficiencies in investigation or in first SCN cannot be made good in second SCN

January 27, 2022 3177 Views 0 comment Print

It is trite that the deficiencies in the investigation or incorrect demand in the first show cause notice cannot be made good in the second show cause notice and subsequent show cause notice alleging suppression of facts again is not reasonable since repeated issuance of notices would result in revisiting the concluded proceedings and reopening of the proceedings at any point of time.

Revenue Authorities obligated to inform assessee about filing of appeal on wrong GST portal

January 25, 2022 6891 Views 2 comments Print

HC quashed the order of the Appellate Authority refusing the appeal filed by the assessee on the wrong GST portal. Further held that, uploading of an appeal may be before the wrong portal, but it is obligatory on the part of the authorities concerned in such an event to bring it to the notice of the assessee that the appeal has been filed before the wrong authority so that the necessary action can be taken.

HC cannot restrain sell of crypto currency namely “TATA coin/$TATA” outside India

January 25, 2022 1449 Views 0 comment Print

Tata Sons Private Limited Vs Hakunamatata Tata Founders (Delhi High Court) The plaintiff is a company incorporated in India. Though the plaint avers that documents showing involvement of the plaintiff, its subsidiaries and group companies in financial services including crypto currency, have been filed with the plaint, the documents with the plaint do not indicate […]

HC granted interim relief from payment of GST for grant of mining lease/royalty 

January 24, 2022 19191 Views 3 comments Print

Ratan Black Stone Vs Union of India (Jharkhand High Court) Learned counsel for the Respondents submits that earlier, this Court have been pleased to grant stay of recovery of service tax for grant of mining lease / royalty from the petitioners covered under the interim order dated 02.03.2021 passed in the batch of writ petitions […]

Reopening of Assessment not permissible for Change of Opinion of AO

January 24, 2022 13812 Views 0 comment Print

Oracle Financial Services Software Limited Vs DCIT (Bombay High Court) Existence of the reason to believe that income chargeable to tax has escaped assessment is a jurisdictional condition for invoking the power under section 147 of the Act, 1961, both within and beyond a period of four years from the end of relevant assessment year. […]

HC Grants Bail to CA in alleged Case of Issue of Bogus Certificates

January 24, 2022 3711 Views 0 comment Print

Ravi Kumar Vs State of Telangana (Telangana High Court) Admittedly, petitioner was arrested on 27.11.2021 and custody of petitioner was also sought for five days and the only allegation against the petitioner is that being a Chartered Accountant, without verifying the Bills of Entry and economic rationale of such large payments from paper entities had […]

Summoning via WhatsApp not Overreach of Judicial System: Delhi HC

January 24, 2022 3324 Views 0 comment Print

ICICI BANK Limited Vs Rashmi Sharma (Delhi High Court) In the considered view of this Court, there was no occasion at all for the Commercial Court to issue show cause notice for initiating criminal contempt against the plaintiff. Just because the photograph of the summons were sent by the plaintiff to the defendant through WhatsApp […]

HC Quashes order rejecting SVLDRS-1 declaration which was passed in violation of Natural Justice

January 24, 2022 858 Views 0 comment Print

Hindustan Petroleum Corporation Ltd. Vs Union of India (Bombay High Court) The Respondents filed Central Excise Writ Petition No. 60 of 2018 against the Petitioner and was pending before this Court. On 27/12/2019, the Petitioner opted for settling the said SVLDR scheme by filing necessary SVLDRS-1 declaration. The said application however was rejected on the […]

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