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All High Courts

Jurisdiction of NCLT over a particular case cannot be determined by Registrar

January 13, 2021 3495 Views 0 comment Print

Skillstech Services Private Limited Vs Registrar, National Company Law Tribunal (Delhi High Court) The case of the Petitioner is that the Registrar of the NCLT has failed to even list the Petitioner’s matter before the appropriate bench of NCLT, on the ground that the threshold of the pecuniary jurisdiction of the NCLT has now been […]

Gujarat HC rejects TAR/ITR due date date extension writ applications

January 13, 2021 17106 Views 0 comment Print

At this stage, we may only observe that the CBDT may consider issuing an appropriate circular taking a lenient view as regards the consequences of late filing of the Tax Audit Reports as provided under Section 271B of the Act. We leave it to the better discretion of the CBDT in this regard.

HC allows Anticipatory Bail in alleged GST evasion of Rs.100 Cr

January 13, 2021 7080 Views 0 comment Print

Where the implication of a person was for a non-bailable offence, he could apply for anticipatory bail. If the applicant cooperated with the inquiry, there was no requirement of his arrest. Assessee was having his own address of residence and business. He could give surety ensuring his appearance. Therefore, he deserved to be granted limited protection for the purpose of conclusion of inquiry by the Proper Officer. Thus, Allahabad High Court granted the anticipatory bail  to a person alleged of GST evasion to the tune of Rs.100 Crores.

Duty free import against License- Nexus with export product not required

January 13, 2021 2214 Views 0 comment Print

Commissioner of Customs Vs Aditya Birla Nuvo Ltd. (Karnataka High Court) Conclusion: Imported material could be disposed of or utilized in any manner including local sale once the export obligations were fulfilled and the only requirement as per condition No.(vii) was that such inputs should not be sold or transferred in the market. In other words, […]

Assistant Commissioner cannot revise or Review his own order – Section 11A of Central Excise Act

January 12, 2021 3720 Views 0 comment Print

Tripura Ispat Vs Union of India (Tripura High Court) We have briefly touched on this difference in statutory scheme of the Central Excise Act against the Income Tax Act in order to drive home the point that if the department was desirous of pursuing the question of leviability of education and higher education cess when […]

HC imposes cost on RTI Applicant for concealing material Facts

January 12, 2021 1185 Views 0 comment Print

Har Kishan Vs President Secretariatt (Delhi High Court) On a query from the Petitioner, it is revealed that the Petitioner’s daughter had also applied for an appointment as Multi-Tasking Staff, in the Presidential Estate, Rashtrapati Bhawan. However, this fact does not find any mention in the present writ petition. A perusal of the writ petition […]

Bombay HC grants interim Stay to Advocate on GST notices

January 12, 2021 11676 Views 0 comment Print

Sanjiv Madhusudan Shah Vs Assistant Commissioner of Central and Service Tax and Ors. (Bombay High Court) Challenge made in this writ petition is to the notice to show cause cum demand issued by the Assistant Commissioner of Central Goods and Services Tax (CGST), Mumbai West dated 28.12.2020 seeking to levy service tax upon the petitioner […]

GST: HC not to be approached in Goods detention cases if effective alternate remedies available

January 12, 2021 3162 Views 0 comment Print

Writ Court was not to be ordinarily approached in detention cases where effective alternate remedies by way of provisional clearance, and appeal thereafter, were provided against alleged arbitrary/illegal detention orders.

HC stays Rs. 96 Lakh Penalty imposed on Paypal by FIU-IND

January 12, 2021 1479 Views 0 comment Print

Paypal Payments Private Limited Vs Financial Intelligence Unit India (Delhi High Court) The Petitioner in the present petition challenges the impugned order dated 17th December, 2020, passed by the Director, Financial Intelligence Unit-India, Ministry of Finance, Government of India. By the impugned order, the Petitioner has been held to be a ‘reporting entity’ and a […]

GST Software Glitches: HC to ascertain who causing Harassment of Poor Taxpayers

January 11, 2021 765 Views 0 comment Print

Read about the court’s inquiry order in Ansari Construction vs Additional Commissioner GST (Appeals) case. System responsibility for harassment, liability fixation awaited

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