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Pre GST Works Contracts – Enhanced GST rates shall be borne by the awarder – Madras HC

March 8, 2021 9378 Views 0 comment Print

In case of a works contractor who entered in to the contract before the introduction of GST, he is liable to pay tax applicable to the previous VAT regime only but the differential tax liability (GST) has to be   borne by the awarder.

Rectification was justified in case Tribunal’s ignorance of material on record was a mistake apparent on record

March 7, 2021 1311 Views 0 comment Print

Concerning the scope of section 254, ignoring the material already on record on the part of  Tribunal was a mistake apparent on the face of the record. Thus,  Tribunal had rightly recalled its order and rectified the mistake and it had rightly set aside the additions under Section 68. 

HC permits manual amendment in Bill of Entry when ICES portal not supports such amendment

March 5, 2021 6792 Views 0 comment Print

Hindustan Unilever Limited Vs Union of India (Madras High Court) Bill of Entry amendment in manual form when ICES portal not supports such amendment: In a case involving erroneous mention of GSTIN in the Bill of Entry, the Madras High Court has allowed manual correction. The Petitioner’s request for amendment of GSTN in Bill of […]

Confiscation order in Form GST MOV 11 passed: HC ask appellant to file appeal against final order of confiscation

March 5, 2021 2373 Views 0 comment Print

Sakul Nazar Mohmd Vs State of Gujarat (Gujrat High Court) Mr. Varis Isani, the learned counsel appearing for the writ applicant informs this Court that during the pendency of this writ application, the final order of confiscation in Form GST MOV 11 has already been passed. In that view of the matter, we relegate the […]

Limitation not applicable to refund of customs duty paid in excess

March 5, 2021 6036 Views 0 comment Print

DHL Express India Pvt Ltd Vs Commissioner of Service Tax (Karnataka High Court) In the present case, duty of customs payable on the transaction in question under the statute is Rs.4,743/-, which has been admitted by the respondent and on account of erroneous calculation, the duty has been paid in excess to the tune of […]

HC grants bail to accused arrested by ED under PMLA

March 5, 2021 1941 Views 0 comment Print

Assesssee was admitted to bail linked to bank loan fraud arrested by the Enforcement Directorate under the Prevention of Money Laundering Act, 2002 (PMLA) on his furnishing personal bond in the sum of Rs. 1,00,000/- with one surety of the like amount to the satisfaction of Trial Court as  it was not the case of the prosecution that the accused was of such character and stature that his mere presence at large would intimidate the witnesses and there was no material on record to show that if released on bail, he would tamper with the evidence or subvert the course of justice.

HC allows deduction for commission to Managing Director of Company

March 5, 2021 879 Views 0 comment Print

CIT Vs True Value Homes (India) Pvt. Ltd (Madras High Court) In this case Ashok Gupta is the Managing Director and in terms of the Board resolution is entitled to receive commission for services rendered to the company. It is a term of employment on the basis of which he had rendered service. Accordingly, he […]

HC orders Conditional interim Releases of cash Seized from associates of D.K Shivkumar

March 4, 2021 5073 Views 0 comment Print

Wellworth Software Pvt. Ltd. Vs CBI/ ACB (Karnataka High Court) FULL TEXT OF THE JUDGMENT/ORDER OF KARNATAKA HIGH COURT These two petitions are preferred against the orders passed by the LXXXI Addl. City Civil and Sessions Judge, Bengaluru, rejecting the applications filed by the petitioners under Sections 451 and 457 of Cr.P.C. 2. The undisputed […]

HC places matter of virtual non application of mind and disregard to hierarchy of Courts by Trial Court before Inspecting Committee of HC Judges

March 4, 2021 660 Views 0 comment Print

Air Customs  Vs Begaim Akynova (High Court Delhi) The petitioner, vide the present petition has sought the setting aside of the impugned order dated 06.01.2021 of the learned CMM, New Delhi vide which the learned Trial Court granted permission to the respondent-Begaim Akynova to travel abroad to her home for one year from 06.01.2021 to […]

IGST refund cannot be denied for higher rate of duty drawback claim

March 4, 2021 2904 Views 0 comment Print

Real Prince Spintex Pvt. Ltd. Vs Union of India (Gujarat High Court) It was held that the refund of the IGST paid on the exports cannot be denied on the ground that the higher rate of duty drawback is claimed and circulars are issued only to clarify the statutory provision and it cannot alter or […]

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