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GST: Partial relief provided to taxpayer on condition of co-operation in investigation

November 23, 2021 1356 Views 0 comment Print

Madhav Copper Limited Vs State of Gujarat (Gujarat High Court) Conclusion: In present facts of the case, the writ petition was disposed of by providing partial relief to the Petitioner for fulfilment of its business orders but with  a condition to cooperate with Revenue in investigation. Facts: This is a petition under Article 226 of […]

Public distribution system benefit cannot be denied for non or wrong linking of Aadhaar

November 21, 2021 1083 Views 0 comment Print

The petitioner is deprived from getting foodgrains from the public distribution system simply because Aadhar card is not linked with the system. As per Government circular dated 13th October 2016, for receiving benefits of public distribution system, it is pre-requisite that Aadhaar card of each member of the family, who is entitled in the ration card, must be linked in the RCMS system/ portal.

Property tax exemption not available to college building

November 21, 2021 4476 Views 0 comment Print

Christian Medical College Vellore Association Vs Government of Tamil Nadu (Madras High Court) Facts- The petitioner is a society registered in terms of the Societies Registration Act managing and administering the Christian Medical College and Hospital at Vellore. The challenge in this Writ Petition is to an order passed by the respondent – Assistant Commissioner, […]

Auction purchase- Stamp Duty/Registration not payable when filing copy of sale certificate

November 21, 2021 46995 Views 1 comment Print

Tripower Enterprises (Private) Limited Vs Sub Registrar (Madras High Court) Conclusion: Auction purchasers of immovable property need not pay registration fees or pay stamp duty when filing a copy of sale certificate under Section 89(4) of the Registration Act, 1908. Held: In pursuance of the sale notice under SARFAESI Act, the second respondent sold the subject […]

Non issuance of Form ‘F’ on Inter-State Stock Transfers due to default in paying Central Sales Tax

November 21, 2021 3000 Views 0 comment Print

HDFC Bank Limited Vs Commissioner DVAT of Trade And Taxes & Anr (Delhi High Court) Conclusion: Form ‘F’ was not issued in respect of inter-state stock transfers by assessee-bank due to default in paying Central Sales Tax and the order of Supreme Court restraining the respondents from taking any kind of coercive action against assessee […]

Madras HC directs customs department to check availability of advance authorization scheme

November 21, 2021 678 Views 0 comment Print

Czarnikow Group Limited Vs Senior Intelligence Officer (Madras High Court) Facts- The issue to be decided in the present matter is thus whether the ownership of the asset vests in the petitioner or RS, which in turn, would determine, as a consequence, whether the NCLT is the appropriate forum to adjudicate the petitioner’s prayers, including […]

Opportunity to file application for discharge granted to petitioner (A CA) in a criminal case

November 21, 2021 3585 Views 0 comment Print

Thomas Cherian Vs CBI Thiruvananthapuram Unit (Kerala High Court) Facts- The case relates to loan transactions conducted in the State Bank of Travancore, Main Branch, Kottayam. The substance of the allegations against the accused is that loan was sanctioned on the basis of fictitious and forged documents, pursuant to a conspiracy hatched by the bank […]

Bombay HC issues notice in challenge to Constitutional validity of 16(4) of CGST Act

November 20, 2021 21552 Views 1 comment Print

Meta Tiles Pvt. Ltd. Vs Union of India (Bombay High Court) Hon’ble Bombay High Court issues notice in challenge to Constitutional validity of 16(4) of the CGST Act In terms of section 16(4) of the Central GST Act and Maharashtra GST Act, a taxpayer is not entitled to take input tax credit in respect of any […]

Writ filed challenging constitutional validity of Section 140(5) of CGST Act, 2017

November 20, 2021 6309 Views 0 comment Print

Maa Durga Plastic Vs Assistant Commissioner (Calcutta High Court) Constitutional validity of Section 140(5) of the CGST Act to the extent that it denies ITC on capital goods in transit challenged before Hon’ble Calcutta High Court Maa Durga Plastic has filed a writ petition vide W.P.A. No. 10340 of 2021 before the Hon’ble Calcutta High […]

Writ filed seeking refund of tax coercively recovered by GST Department

November 20, 2021 1410 Views 0 comment Print

In re Mallcom India Limited (Uttarakhand High Court) Hon’ble Uttarakhand High Court issues notice to the GST Department coercive recovery regarding demand of ITC  due to misclassification of goods by the supplier   Mallcom India Limited has filed a writ petition vide WPMS No. 1206 of 2021 before the Hon’ble Uttarakhand High Court seeking refund of […]

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