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HC dismisses GST Appeal as matter is at the stage of show cause notice

March 3, 2021 2544 Views 0 comment Print

Genus Power Infrastructure Ltd. Vs Central Goods and Service Tax (Rajasthan High Court) In the present facts and circumstances, the writ petition filed by the petitioner deserves to be dismissed for the reasons; firstly the matter is at the stage of show cause notice and opportunity of filing reply and personal hearing is still available […]

MEIS benefit cannot be denied for inadvertent mistake in Application

March 2, 2021 5709 Views 0 comment Print

The objective of the MEIS scheme is to provide rewards to exporters to offest infrastructural inefficiencies and associated costs. In other words, the objective of Merchandise Exports from India Scheme (MEIS) is to promote manufacture and export of notified goods / products to notified markets and once this is done, such exporter is required to be rewarded by duty credit scrips which can be utilized by the exporter.

HC directs Amazon Prime to withdraw Telugu Movie ‘V’ on Actor Sakshi Malik’s Plea

March 2, 2021 1041 Views 0 comment Print

At the heart of this dispute is the 1st and 2nd Defendants’ utterly illicit use of a still image of the Plaintiff in their 2020 Telugu film entitled ‘dV’. It was released on 5th September 2020 and has been available on Amazon Prime, operated by Defendant No. 3, since then.

Madras HC directs Govt to Facilitate uploading of Form TRAN-1

March 2, 2021 939 Views 0 comment Print

Madras High Court quashes communication rejecting GST credit claim. Petitioner’s efforts to upload details noted. Order directs Form TRAN-1 uploading within eight weeks.

Drawback at All industry rate of value of exported goods was allowable

March 2, 2021 2397 Views 0 comment Print

Messrs Mahalaxmi Rubtech Ltd. Vs Union of India (Gujarat High Court) Conclusion: Since in the present case, the amendment of shipping bills by converting them into Drawback shipping bills was possible on the basis of the documentary evidence which was in existence at the time the goods were cleared for export and the benefit of […]

WhatsApp group administrator not liable for an act of member of group

March 1, 2021 10302 Views 1 comment Print

Kishor S/o Chintaman Tarone Vs State of Maharashtra (Bombay High Court) The crux of the issue involved is whether an administrator of Whatsapp group can be held criminally liable for objectionable post of its member for committing offences punishable under sections 354- A(1)(iv) , 509 and 107 of the Indian Penal Code and section 67 […]

No addition for share issued at Premium based on prescribed methodology

March 1, 2021 2598 Views 0 comment Print

PCIT Vs Cinestaan Entertainment Pvt Ltd (Delhi High Court) The law requires determination of fair market values as per prescribed methodology. The Appellant-Revenue had the option to conduct its own valuation and determine FMV on the basis of either the DCF or NAV Method. The Respondent-Assessee being a start-up company adopted DCF method to value […]

Notice served by registered post was properly served notice | section 138 | N.I. Act.

March 1, 2021 30795 Views 0 comment Print

Service of notice through registered post was proper service of notice and there was no requirement to serve notice under certificate of posting as there was no rebuttal evidence to show that the complainant has deliberately and intentionally sent the legal notice to the wrong address and the accused was not working at the place and address shown in the registered envelope.

HC directs DC to decide afresh on SVLDR declaration which was rejected in Violation of principles of natural justice

March 1, 2021 1029 Views 0 comment Print

We find that impugned rejection of the declaration of the petitioner is in violation of the principles of natural justice which has impacted the decision making process thus rendering the decision invalid, it may not be necessary for us to enter into the merits of the challenge as to whether the declaration of the petitioner was in fact valid or not under the category of ‘voluntary disclosure’.

Tax on ATM facilities outsourced to Banks under Tamil Nadu Sales Tax

March 1, 2021 492 Views 0 comment Print

India Switch Company Pvt. Ltd. Vs Deputy Commercial Tax Officer (Madras High Court) It is stated that the ATM’s facilities are outsourced by the banks and that the petitioner was providing a technology solution to Bank of India and United Bank of India and the terms of the agreement clearly bring the transaction within the […]

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