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All High Courts

Seized goods to be provisionally released during pendency of proceedings before Adjudicating Authority

August 12, 2021 2289 Views 0 comment Print

HC directed the Adjudicating Authority to consider the prayers of provisional release of seized goods of the assessee, during the pendency of the proceedings under the Section 124 of the Customs Act, 1962.

Amendment in Bill of Entry cannot be denied when mistake is by Revenue Authorities

August 12, 2021 17106 Views 0 comment Print

Sony India Pvt Ltd Vs Union of India & Another (Telangana High Court) It is the duty and responsibility of the Assessing Officer / Assistant Commissioner to correctly determine the duty leviable in accordance with law before clearing the goods for Home consumption. The assessing officer instead, having failed in correctly determining the duty payable, […]

HC stays order Levying GST on commission & not on bet amount In Horse Races

August 12, 2021 1959 Views 0 comment Print

Union of India Vs Bangalore Turf Club Limited (Karnataka High Court) Karnataka High Court Stays the Judgment of Single Judge in which he held that Goods and Service Tax (GST) cannot be levied on the entire bet amount received in the totalisator as it would take away the principle that tax can only be levied on […]

HC allows rebate on exports where fraudulent entry in Credit was regularized by subsequent payment

August 12, 2021 651 Views 0 comment Print

REIL Electricals India Ltd. Vs Joint Secretary and ors. (Madras High Court) Madras High Court allows rebate on exports where fraudulent entry in Credit was regularized by subsequent payment Madras High Court in held that, owing to the squaring up of liability by Assessee along with interest to regularize its mistake of fraudulent entry made […]

No CET For Class 11 Admissions in Maharashtra: Bombay High Court (Read Order)

August 11, 2021 2547 Views 0 comment Print

Bombay High Court orders Union and State Governments to complete XIth standard admission based on Xth standard marks within six weeks. Full judgment included.

ALP & Resultant excess profit to be treated as deemed income under ‘other sources’: HC

August 11, 2021 1368 Views 0 comment Print

Since there was close association between the seller and the buyer and their ‘arranged’ pricing were adequately substantiated by TPO / AO / CIT(A), therefore, that part of the CIT(A)’s order was upheld which confirmed in toto AO ‘s order as regards the ALP and the resultant excess profit to be treated as deemed income under ‘other sources’.

Gauhati HC rejects Bail in GST Evasion case of Rs. 22.77 Crore

August 10, 2021 942 Views 0 comment Print

Subhash Kumar Singh Vs State of Assam and Anr. (Gauhati High Court) It has been, prima facie, found that the evasion of tax was more than Rs. 5 crores which necessitated the arrest of the Petitioner in compliance of the provision of Section 132 (1) (i) of the Assam GST Act, 2017. Hence, the argument […]

Airport Authority of India is liable to pay the Urban Land Tax

August 10, 2021 1560 Views 0 comment Print

It was held by the Supreme Court that merely because the entire share capital was subscribed by the Government of India, it did not mean that the company did not own the property in question. It was held that the company was a separate legal entity.

HC directs department to decide on GST refund applications of Medical Bureau

August 10, 2021 753 Views 0 comment Print

Medical Bureau Vs Commissioner of Central Goods And Service Tax Delhi North (Delhi High Court) Medical Bureau (Petitioner) filed a writ petition seeking directions to the Commissioner of Goods and Services Tax (Respondent) to refund to the former, an amount of Rs. 1,35,30,255/- lying as unutilized input tax credit during the period spanning October 2017 […]

Application to enforce shareholders right under board resolution is to be made before NCLT

August 10, 2021 3141 Views 0 comment Print

Jaiveer Singh Virk Vs Sir Sobha Singh & Sons Pvt. Ltd. (Delhi High Court) The next question is- what is the nature of Appellant’s right and whether such a right is enforceable under law? The Appellant asserts that he is a shareholder of Respondent No. 1, which is a corporate entity, incorporated in the year […]

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