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HC allows extension for Import of poppy seeds from China

January 11, 2021 1623 Views 0 comment Print

Delhi High Court grants extension to poppy seed importers affected by COVID-19. Importers get two months to complete imports. Impugned order quashed.

Consider extension of Income Tax Due dates: Gujarat HC to UOI

January 8, 2021 25482 Views 0 comment Print

All Gujarat Federation of Tax Consultants Vs Union of India (Gujarat High Court) High Court held that respondent No.1 – Union of India, Ministry of Finance should immediately look into the issue, more particularly, the representation dated 12th October 2020 at Annexure : I of the paper book (page 108) and take an appropriate decision […]

GST: Delhi HC refuses ‘interim-relief’ in writ challenging Section 69 & 132

January 8, 2021 2466 Views 0 comment Print

Present writ petition has been filed seeking a declaration that Sections 69 and 132 of the CGST Act, 2017 are arbitrary, unreasonable and being beyond the legislative competence of the Parliament are ultra vires the Constitution. Held by High COurt  This Court  has refused to pass any interim order holding that it is not inclined […]

Limitation period for commencement of arbitration runs from the date cause of action would have accrued

January 8, 2021 5361 Views 0 comment Print

ust as in the case of civil actions the claim was not to be brought after the expiration of a specified number of years from the date on which the cause of action accrued, so in the case of arbitrations, the claim was not to be put forward after the expiration of the specified number of years from the date when the claim accrued. The period of limitation for making claims by BBMP by way of a suit or arbitration was six years from the date when the cause of action arose.

HC explains jurisdiction to try offences for E-commerce transactions

January 7, 2021 3957 Views 0 comment Print

Kunal Bahl Vs State of Karnataka (Karnataka High Court) In E-commerce transactions the jurisdiction to try offences will lie with a Court where the accused has its Head Office, Branch Office or other offices. 1. The order of Cognisance dated 8.6.2020 is not in compliance with the requirement of Section 191(1)( a) of the Cr.P.C […]

HC deletes penalty equal to tax amount for E-way Bill Expiry & Imposes Rs. 10000 Penalty

January 7, 2021 4545 Views 0 comment Print

M/s. Sri Gopikrishna Infrastructure Pvt.Ltd Vs State of Tripura and Ors (Tripura High Court) Quantum of penalty for transportation the taxable goods without the cover of valid e-way bill Learned counsel has fairly stated that only violation that has been noticed by the taxing authority is of not carrying the valid e-way bill against the […]

HC explains Parallel enquiries on same GST issues by State & CGST authorities

January 7, 2021 9165 Views 0 comment Print

RCI Industries And Technologies Ltd Vs Commissioner DGST Delhi & Ors. (Delhi High Court) If an officer of the Central GST initiates intelligence- based enforcement action against a taxpayer administratively assigned to State GST, the officers of the former would not transfer the said case to their counterparts in the latter department and they would […]

GST: Penalty equal to tax amount cannot be imposed for Section 122(xiv) Breach

January 7, 2021 5319 Views 0 comment Print

Gopikrishna Infrastructure Pvt. Ltd. Vs State of Tripura (Tripura High Court) Mr. Majumder, learned counsel has contended that there is no fraudulent intention or malafide act indulged by the petitioner. It was a lapse under very abnormal circumstances of lockdown and that aspect of the matter has not been considered at all. Moreover, Mr. Majumder […]

Hc explains category of Directors seeking setting aside of disqualification & activation of DIN/DSC

January 6, 2021 1281 Views 0 comment Print

Delhi HC sets aside director disqualification in Anjali Bhargava vs Union of India case. Reactivation of DIN and DSC ordered for CFSS-2020 benefit.

Law of Reopening of assessment under Section 147 of Income Tax Act 1961

January 6, 2021 5778 Views 0 comment Print

Kantibhai Dharamshibhai Narola Vs ACIT (Gujarat High Court) (i) The Court should be guided by the reasons recorded for the reassessment and not by the reasons or explanation given by the Assessing Officer at a later stage in respect of the notice of reassessment. To put it in other words, having regard to the entire […]

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