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All High Courts

MEIS cannot be denied on exports through DHL to a destination abroad

August 8, 2021 1374 Views 0 comment Print

Jindal Drugs Private Limited Vs Union of India (Madras High Court) In this case, supply has been made by the petitioner to FTWZ for onward shipment at the behest of the purchaser, UTEXAM, to a location of its choice. This modus operandi is supported by the documentation placed on record by the petitioner. Thus, DHL […]

HC Grants anticipatory Bail in Rs. 56 Crore alleged GST Evasion case

August 8, 2021 1068 Views 0 comment Print

Saurav Gupta Vs CGST (Delhi High Court) 1. The present applications have been filed under Section 482 Cr.P.C. on behalf of the applicant seeking exemption from filing the certified copy of the annexures and duly affirmed affidavits. 2. Insofar as the filing of the certified copy of the annexures is concerned, the same is allowed […]

HC quashes Assessment order which was passed by giving only 4 days’ time to respond

August 7, 2021 1383 Views 0 comment Print

It was also argued that the respondent Assessing Officer has also committed an error in giving only four days’ time to the petitioner to respond to the show cause notice.

Income Tax refund cannot be withheld without assigning any reason

August 6, 2021 7317 Views 0 comment Print

If a statute provides an act to be done by a particular authority and in a particular manner, it should only be done by that authority and in that manner or not at all noted that the Respondent acted arbitrarily by withholding the refund without assigning any reason though the statute mandates for recording the same.

SVLDRS 2019: ‘Redemption fine’ is a kind or type of ‘penalty’

August 6, 2021 3972 Views 0 comment Print

Jay Shree Industries Vs Union of India (Allahabad High Court) Whether ‘redemption fine’ falls within the meaning of the word ‘penalty’ used in section 129 of the Scheme, we find neither word has been defined under the Scheme or the Rules framed thereunder or the principal Act, namely the Central Excise Act, 1944. Indisputably, the […]

GST Registration Cancellation is impermissible for reasons beyond statutory provisions

August 5, 2021 3663 Views 0 comment Print

Hon’ble High Court of Kerala has declared that the proper officer is not vested with any power to cancel registration certificate of a dealer, for reasons not prescribed U/s. 29 (2) of the Central Goods & Services Tax Act/State Goods & Services Tax Act, 2017 (CGST Act & SGST Act).

Delhi HC ruling on adjustment of Income Tax refunds against demand

August 5, 2021 3792 Views 0 comment Print

Eko India Financial Services Private Limited Vs ACIT (Delhi High Court) Against an assessment of AY 2017-18 the petitioner assessee filed an appeal u/s 246A of the Income Tax Act, 1961. AO adjusted the entire refund of the assessee pertaining to AY 2019-20 against such demand, which was more than 20% of such demand. Hon’ble […]

Ban on online games of skills played with stakes as unconstitutional: Madras HC

August 4, 2021 2637 Views 0 comment Print

Junglee Games India Private Limited Vs The State of Tamil Nadu (Madras High Court) The petitioners complain of an over-paternalistic stance taken by the State in bringing about sweeping amendments to an existing law that, according to the petitioners, infringe their fundamental rights and are otherwise unreasonable to the point of being manifestly arbitrary. 2. The […]

Charitable trust running medical store require to take GST registration irrespective of any pecuniary benefits

August 4, 2021 3261 Views 0 comment Print

Sale of medicines at lower rate by the charitable trust is a taxable supply and Goods and Services Tax (GST) registration is required for medical store run by  such charitable trust.

HC stays Assessment Order Passed Without Show Cause & Draft Assessment Order

August 4, 2021 1797 Views 0 comment Print

Aravali Shikshan Avum Anusandhan Sansthan Vs National E-Assessment Centre & Others (Rajasthan High Court) Aravali Shikshan Avum Anusandhan Sansthan (“the Petitioner”), has filed the current writ petition against the order passed by the National Faceless Assessment Center under Section 144-B along with Section 143(3) of the Income Tax Act, 1961 (“the IT Act”) imposing Additional […]

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