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All High Courts

In absence of nexus between Criminal Activity & Property acquired PMLA provisions cannot be invoked

February 4, 2021 1761 Views 0 comment Print

R. Viswanathan Vs Assistant Director Directorate of Enforcement (Madras High Court) From a reading of Section 2(u) of the PML Act which defines the expression “proceeds of crime”, it is limpid that the profit derived or obtained must be a result of a criminal activity which relates to a schedule offence. Even if we take […]

Full Unconditional Stay of Demand Granted Where Addition on Third Party Statement was Without Cross Examination

February 4, 2021 3078 Views 0 comment Print

Dilipkumar P. Chheda Vs ITO (Bombay High Court) In so far the present case is concerned, here also the additions have been made primarily on the basis of the statement made by Shri. Nilesh Bharani and also on the basis of certain entries in the telephone diary. However, we find from the materials on record […]

Carry forward & set off of unutilized Cess against GST Output Liability not allowable

February 3, 2021 6666 Views 0 comment Print

Jay Ushin Limited Vs Union of India ( Rajasthan High Court) Assessee was not entitled to carry forward and set off of unutilised Education Cess, Secondary and Higher Education Cess and Krishi Kalyan Cess against the GST Output Liability with reference to Section 140 of the CGST Act, 2017. FULL TEXT OF THE HIGH COURT […]

Trust engaged in ‘object of general public utility’ eligible for Section 12A Registration

February 3, 2021 1626 Views 0 comment Print

High Court held that even if the assessee is engaged in the category of activity of ‘object of general public utility’, they are entitled for registration under Section 12A. Therefore, we are of the considered view that the assessee can claim registration under Section 12A by categorising the activity of the assessee as ‘object of general public utility’.

Fraudulent ITC & Fake GST Bill: HC grants bail to accused

February 3, 2021 2205 Views 0 comment Print

Mukul Mittal Vs Directorate General of GST Intelligence (Delhi High Court) The petitioner has been in custody now for 56 days. The maximum sentence provided for the offence alleged against the petitioner is imprisonment for a period of five years, therefore the learned Chief Metropolitan Magistrate is required to take congnizance on the complaint is […]

Interest paid during investigation will be treated as payment under SVLDR Scheme

February 3, 2021 750 Views 0 comment Print

In the present case, the petitioner has, admittedly, remitted amounts of Rs.66.05 and Rs.16.58 lakhs as deposits even prior to the issuance of show cause notice. However, the petitioner has specifically demarcated the amount of Rs.66.05 lakhs as towards tax and Rs.16.58 lakhs as towards interest.

Circular cannot prescribe particular time period, which is otherwise not provided in a statute

February 2, 2021 3021 Views 0 comment Print

The Principal Commissioner Of Customs, Mundra Vs LYKIS Limited (Gujarat High Court) From the above Section, it is clear that no time limit is prescribed. We find that the request of the appellant for conversion was rejected on the sole ground of limitation as prescribed under Board Circular No. 36/2010­ Cus. We find that since […]

Court Grants Bail to person alleged of wrongfully claiming ITC

February 2, 2021 729 Views 0 comment Print

Naresh Mittal & 2. Chhedi Lal Mittal Vs DGGI (Patiala House Court) The facts are not being repeated for the sake of brevity. This is the first bail application jointly moved on behalf of accused persons namely, Naresh Mittal and Chhedi Lal Mittal after the filing of complaint by the Department. It is submitted that […]

Condonation of delay against order in GST ASMT-13 & FORM GST DRC-07

February 2, 2021 39537 Views 0 comment Print

Hash Constructions Vs Deputy Commissioner (Kerala High Court) Conclusion: Despite receipt of assessment order under Section 62, assessee-registered person had not filed any valid return within 30 days from the receipt of the assessment order. This ultimately had resulted in issuance of demand notice in FORM GST DRC-07, mentioning the amount due and payable by […]

Smuggling of gold with intent to threaten or likely to threaten economic security of country is Terrorist act

February 1, 2021 777 Views 0 comment Print

Mohammed Aslam Son of Abdul Rashid Vs Union of India (Rajasthan High Court) Under Section 15(I)(a)(iiia) of the Act of 1967, the smuggling of gold with intent to threaten or likely to threaten the economic security of the country is very much covered under the smuggling of “any other material” Thus, the contention of the […]

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