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GST: HC notice to UOI in alleged harassment & physical violence case

February 9, 2021 1317 Views 1 comment Print

This is one more matter wherein serious allegations of harassment, coercion, threats, etc. have been alleged against the respondents Nos.4 and 5 respectively herein. It appears that the search was undertaken under Section 67 of the Act at the premises of the writ applicant, and in the course of the search, the respondents Nos.4 and 5 are alleged to have caused undue harassment to the writ applicant. It is alleged that the writ applicant was forced and threatened to transfer an amount of Rs.2.68 Crore by way of the DRC – 03.

HC directs GSTN to help in transfer of ITC

February 8, 2021 858 Views 0 comment Print

Netrika Trends Vs Deputy Commissioner Appeals (Gujarat High Court) HC disposes writ­ application with a direction to the respondents that once the writ­ applicant comes forward with a request for transfer of the Input Tax Credit in accordance with the provisions contained in Section ­18 of the Act, the request shall be immediately look into […]

HC set aside Criminal Case related to setting up of Bitcoin ATM

February 8, 2021 804 Views 0 comment Print

B V Harish Vs State of Karnataka (Karnataka High  Court) In this case Karnataka High Court quashed and set aside a criminal case registered against founders of Bitcoin company, Unocoin for setting up a Bitcoin ATM in Bengaluru in 2018 as  the case has been registered against the petitioners based on the Circular dated 06.04.2018 […]

HC refuses anticipatory Bail in ‘Bitcoin’ Fraud Case

February 8, 2021 1836 Views 0 comment Print

If it is proved by the applicant accused that his health condition is not good then I do not intend to arrest the applicant accused subject to his cooperation in investigation on following points – i)  If the applicant accused is ready to share all the credential of crypto wallet and relevant information. ii)  If the applicant accused is ready to deposit Rs.1,25,32,691.00 (Liability of the applicant accused) to the Hon’ble Court. iii) If the applicant accused is ready to submit his property details, bank account, mail credentials.

HC stays attachment of Properties by ED after approval of resolution plan by NCLT

February 8, 2021 2301 Views 0 comment Print

Union Bank Of India E Andhra Bank Vs Union Of India & Ors. (Delhi High Court) Considering the fact that the resolution plan has already been approved in this matter, and that the ED’s order of provisional attachment of the properties of Respondent No. 4 has been passed after the approval of the resolution plan […]

HC imposes cost of Rs.50000 on Department for filing belated Appeal with it despite tax effect of less than Rs. 1 Crore

February 8, 2021 774 Views 0 comment Print

When the appeal was taken up learned Counsel for the appellant submitted the tax effect involved in the present appeal is below ₹ one crore. He prayed for withdrawal of the present appeal.

HC denies bail to persons accused of Customs Duty evasion

February 8, 2021 888 Views 0 comment Print

Hitesh Nagwani Vs Directorate of Revenue Intelligence (DRI) (Madhya Pradesh High Court) From the record, it appears that the allegations of evasion of huge amount of customs duty have been levelled against the applicants, as according to the re­spondent, actual value of goods imported by undervalua­tion on the basis of using fabricated invoices is Rs.11,93,03,316/- […]

Absence of field for Lawyers for Registration as Professionals on MCA website is Discriminatory: HC

February 8, 2021 7761 Views 1 comment Print

Shikha Sharma Bagga Vs Union of  India and Anr (Delhi high court) High Court in a Interim order Observed that A perusal of Section 7(1) (b) of the Companies Act, 2013, clearly shows that Advocates can file documents for incorporation of a Company. This would be true even in the case of LLPs. The MCA’s […]

HC refuses bail in case of alleged Fake ITC exceeding Rs. 5 Crore

February 8, 2021 1950 Views 0 comment Print

Where Input Tax Credit (ITC) had been wrongly availed exceeds Rs.5 crores it would amount to a cognizable and non-bailable offense and the offence was punishable with imprisonment for a term, which could extend to five years and with fine under section 132 (1) (i) of the CGST Act.

Speed money paid in cash but supported by documents to get work done speedily allowable

February 6, 2021 1758 Views 0 comment Print

From perusal of the order passed by the authorities, it is evident that the authorities have accepted the books of accounts produced by the assessee. The Assessing Officer, in its order, has admitted that the payment of speed money is a trade practice which is followed by the assessee and similar business concerns functioning for speedy completion of their work.

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