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Procedural Lapses in Seizure Under Section 129 of CGST Act Render Action Invalid

January 1, 2025 1395 Views 0 comment Print

Andhra Pradesh HC highlights procedural lapses in GST seizure under Section 129. Court directs timely completion of proceedings within two weeks.

Allahabad HC grants stay on recovery, noting challenges to CGST Rule 96(10)

January 1, 2025 1590 Views 0 comment Print

Allahabad HC grants stay on recovery against Saru Silver Alloys Pvt Ltd, noting challenges to Rule 96(10) of CGST Rules, 2017, amid legal developments.

Reopening based on material available during assessment proceedings not permissible: Bombay HC

January 1, 2025 1281 Views 0 comment Print

Bombay High Court held that reopening of assessment u/s. 147 in absence of any fresh material, based on material already available during assessment proceedings, tantamount to mere change of opinion and the same is not permissible in law.

Financial distress of employer cannot be an excuse for denying or delaying payment of gratuity

January 1, 2025 657 Views 0 comment Print

Kerala High Court held that financial distress of the employer is not at all an excuse for denying or delaying payment of gratuity. Thus, held that no further time can be granted to employer for payment of gratuity.

Termination of service not possible without employer-employee relationship: Delhi HC

January 1, 2025 492 Views 0 comment Print

Delhi High Court held that there was no occasion for respondent to terminate service of petitioner since petitioner failed to establish that respondent is an ‘industry’ and there existed employer employee relationship between them.

FIR quashed as accused is exonerated in departmental proceedings

January 1, 2025 933 Views 0 comment Print

Delhi High Court held that since petitioner has been exonerated in departmental proceedings, the criminal prosecution premised on the same set of allegations cannot be permitted to continue. Accordingly, FIR quashed.

Bombay HC Quashes 26-Year-Delayed Customs Notice

January 1, 2025 1635 Views 0 comment Print

Bombay HC quashed a customs notice issued after 26 years for non-submission of Export Obligation Certificate, citing unreasonable delay under the Customs Act.

Bombay HC Directs SVLDRS-4 Issuance Despite Payment Delay

January 1, 2025 867 Views 0 comment Print

Bombay HC directs SVLDRS-4 issuance to Cradle Runways Pvt. Ltd. despite a one-day payment delay under the SVLDR Scheme, citing technical reasons and procedural fairness.

Reopening based on same material on which assessment order was passed is impermissible

January 1, 2025 741 Views 0 comment Print

Held that there was substantive correspondence between the petitioner and the Assessing Officer on all materials and subject matter of reopening and all such materials had formed part of the disclosure by the petitioner.

Failure to respond to Income Tax Notice was accepted considering Pathology Reports submitted by assessee

January 1, 2025 432 Views 0 comment Print

Assessment and penalty orders issued against assessee was set aside considering pathology reports of assessee as a valid reason for failing to respond to various income tax notices.

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