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All High Courts

Investigation cannot be stalled on apprehension of contracting COVID-19

November 18, 2020 2358 Views 0 comment Print

The Hon’ble Delhi High Court, in the case of P.V. Rao vs. Senior Intelligence Officer, DGGSTI [W.P.(C.) No. 8975/2020 (dated, November 18, 2020)] denied relief to P.V. Rao (Petitioner) from appearing physically in Delhi to record statement in alleged GST evasion case and held that judicial interference at this threshold stage, in such matters relating […]

Physically record statement in alleged GST evasion case: HC directs Byju’s CFO

November 18, 2020 2304 Views 0 comment Print

The present petition is filed to seek a writ of Mandamus to direct Respondent No. 1, the Senior Intelligence Officer, Director General of GST Intelligence (“DGGSTI”) to allow the Petitioner to tender his statement and adduce evidence through video conferencing, in relation to a summon issued under Section 70 of the CGST Act, 2017.

In absence of order by Adjudicating Authority within 180 days, Provisional Attachment Order under PMLA ceases to have effect

November 18, 2020 12081 Views 0 comment Print

Vikas WSP Ltd. & Ors. Vs Directorate Enforcement & Anr. (Delhi High Court) Sub-section (1) of Section 5 of the Prevention of Money Laundering Act, 2002 (ACT) empowers the Director or any other officer not below the rank of the Deputy Director authorized by the Director of Enforcement in this regard, to pass an order […]

HC imposes cost on DGFT officer for passing order without any application of mind

November 18, 2020 3294 Views 0 comment Print

Nautilus Metal Crafts Pvt. Ltd. Vs Joint Director General of Foreign Trade (Delhi High Court) The Show Cause Notice was for ‘availing Special MEIS benefits fraudulently by mis-declaration and forgery of documents’. The petitioner in its reply had categorically submitted that it had not claimed or submitted any documents for grant of Special MEIS benefits […]

HC restrains Revenue from recovering service tax refunded on foreign agency commission prior to 18.04.2006

November 17, 2020 675 Views 0 comment Print

The appeal is disposed of, answering the questions of law in favour of the Revenue; but restraining the respondent-Revenue from recovering the amounts refunded since as of now the levy of service tax on the payment in lieu of foreign agency commission will not be leviable as ‘Business Auxiliary service’ prior to 18.04.2006. Parties are left to suffer their respective costs.

Sales against Opening stock accepted by department cannot be treated as unexplained income

November 17, 2020 1986 Views 0 comment Print

PCIT Vs Akshit Kumar (Delhi High Court) ITAT observed that in the impugned AY 2014-15, the audited balance-sheet reflected an opening stock of Rs. 19,53,29,660/- which stood accepted by the Department either under the scrutiny proceedings or by not selecting the return for scrutiny or by not taking any action to disturb such returned income. […]

Bank can institute/continue with proceedings against a Guarantor under SARFAESI despite IBC proceedings against Principal Borrower

November 14, 2020 13107 Views 0 comment Print

Kiran Gupta Vs State Bank of India & Anr. (Delhi high Court) Whether a Bank/Financial Institution can institute or continue with proceedings against a Guarantor under the SARFAESI Act, when proceedings under the IBC have been initiated against the Principal Borrower & the same are pending adjudication? Section 128 of the Contract Act provides that […]

Court grants Bail to person alleged of taking Fake ITC Credit

November 14, 2020 1689 Views 0 comment Print

No doubt, economic offences should be dealt with sternly, however mere allegations of economic offence does not dis-entitled any person from seeking personal liberty unless there are overwhelming material against such person. In the present case, no money trail has been brought on record which shows that accused Ashish Aggawal is the ultimate beneficiary of alleged fake ITC credits.

Adjudication Order Considered as Vague if Show Cause Notice Traverses beyond its Scope

November 12, 2020 7170 Views 0 comment Print

The issue under consideration is whether the show cause notice indicate the exact amount of service demanded in the respective services under Service Tax? An adjudication order without a proposal and made in pursuant of a vague show cause notice cannot be sustained.

Orders passed under GST without hearing petitioner not sustainable

November 12, 2020 633 Views 0 comment Print

Damodar Corporation Vs Union of India (Kerala High Court) Impugned orders passed  under GST ACT were passed without hearing the petitioner, the said orders cannot be legally sustained inasmuch as they have been passed in violation of the rules of natural justice. Accordingly, I quash Ext.P14 series of orders and direct the 7th respondent to […]

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