While before grant of bail the Public Prosecutor was required to be given an opportunity to oppose the plea for bail and that where the Public Prosecutor opposed such plea the Court could order release of the accused on bail only after recording a satisfaction that there were reasonable grounds for believing that the person to be released was not guilty of the offence he was accused of and that while on bail he was not likely to commit any offence.
Since there was no material to proceed against assessee under Sections 3 and 4 of Prevention of Money Laundering Act, 2002 and High Court should quash the proceedings if it came to the conclusion that allowing the proceedings to continue, would be an abuse of the process of the Court and that the ends of justice required that the proceedings be required to be quashed.
Pankaj Sharma Vs Union of India (Patna High Court) The Hon’ble Patna High Court in Pankaj Sharma vs. UOI & Ors. [Civil Writ Jurisdiction Case No. 7431 dated June 01, 2021] set aside the order dismissing the appeal of the assessee passed by the Revenue Department, on the ground that the same is cryptic in […]
MSPL Ltd Vs PCIT (Bombay High Court) Is the President of ITAT immune from transferring live appeals from one bench of the ITAT to the other bench outside the headquarters? The Hon’ble Bombay High Court in a very recent judgement has decided the bar on the transfer of live appeals from one bench of the […]
Society For Tax Analysis And Research Vs Union Of India & Ors. (Delhi High Court) The Delhi High Court, while considering a petition filed by Society for Tax Analysis and Research, a two-judge bench of the Delhi High Court has held that a law firm cannot report the details of the cases through their website/blog […]
High Court of Tripura, in Shri Sentu Dey Vs. The State of Tripura & Ors has proclaimed that a Magistrate cannot revert to calling for police investigation in a case where he has previously taken cognizance of the offences.
J.S. Grover Autos Pvt. Ltd. Vs Commissioner of Central Goods & Services Tax (Punjab & Haryana High Court) It is undisputed fact that petitioner has filed an appeal before First Appellate Authority against the assessment order, whereby demand was created. It is also undisputed that Board Circulars are binding on department and as per Circular […]
R.R. Distributors Pvt. Ltd Vs Commissioner Of Central Tax, GST (Delhi High Court) In our view, the non- filing of part 7B of table 7(a) and table 7(d) of TRAN-1 Form cannot impair the rights of the petitioner to claim transitional ITC, if he is otherwise eligible. This Court has observed in numerous decisions that […]
R. R. Distributors Pvt. Ltd. Vs Commissioner of Central Tax (Delhi High Court) 1. The taxpayers were not provided sufficient time to upload the data in TRAN-2 Form. 2. On 4 th January, 2018, when the Petitioner attempted to load TRAN-2 Form, no time had been specified under the Rules, which could be deemed to […]
Rahul Agencies Vs Union Of India (Rajasthan High Court) 1. To issue notices to respondents wherein validity of Section 16(2)(c) read with Rule 86A are challenged. 2. A Division Bench of the Rajasthan High Court issued Notices to Respondents including Finance ministry on Section16(2)(C) which provides that input tax credit (ITC) must be allowed to […]
