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All High Courts

Service Tax Payable on Anti-Virus Software under I T Software services

November 8, 2020 1638 Views 0 comment Print

The issue under consideration is whether an ‘Anti Virus Software’ would fall within the ambit of the definition of ‘Information Technology Software’ as defined u/s 65 (53a) of the Finance Act, 1994?

HC approves SVLDRS-1 despite Clerical Error considering it as unintentional

November 8, 2020 2268 Views 0 comment Print

The issue under consideration is whether any clerical or arithmetical error made by an applicant in SVLDRS-1 also falls within the ambit of Section 128 of Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019?

When equal opportunity in public employment is denied to a class it has to be substantiated by proper data & circumstances

November 8, 2020 921 Views 0 comment Print

Ayush Medical Association Vs State of Chhattisgarh (Chhattisgarh High Court) 1. Heard finally with the consent of both the parties as urgency was pressed upon the ground that the issue involved in both these petitions are relating to advertisement for appointments of Community Health Workers by training. Since the the facts and issue involved in […]

No Privacy right violation when matter already in Public Domain- HC allows release of Telugu film ‘Murder’

November 6, 2020 1098 Views 0 comment Print

Ramgopal Varma and Another Vs Perumalla Amrutha (Telangana High Court) No doubt a person undoubtedly has a right to privacy in relation to her family, marriage, procreation, motherhood and child-bearing and none can publish anything concerned with these matters without his/her consent. Yet, there is an exception to the said rule i.e., that any publication […]

Employee Who Retired on 31st not eligible to Increment due on 1st of Next Month

November 6, 2020 16839 Views 0 comment Print

Hari Prakash Vs State of Himachal Pradesh & Ors. (Himachal Pradesh High Court) The petitioner, a Junior Basic Teacher, with 01.03.1958 as his date of birth was due for superannuation on 29.02.2016. The date of his annual increment was 1st March of every year. He being a State awardee was granted an extension of one […]

GST: Section 130 proceeding not sustainable legally in absence of Intention to evade Tax

November 6, 2020 1875 Views 0 comment Print

Veer Pratab Singh Vs State of Kerala (Kerala High Court) The petitioners are dealers, inter alia, in brass and copper scraps, having their business concern in Coimbatore, Tamil Nadu and Jamnagar, Gujarat, respectively. A consignment of scrap that was being transported from Coimbatore to Gujarat from the 1st petitioner, as consigner, to the 2nd petitioner, […]

SCN for Confiscation of Goods or Conveyance on Mere Suspicion Not Justified

November 6, 2020 1629 Views 0 comment Print

The issue under consideration is whether show cause notice for confiscation of goods or conveyance is justified to issue on mere suspension under GST Act?

Release Detained Vehicle & Goods After Obtaining Bond: Gujarat HC

November 6, 2020 1548 Views 0 comment Print

The instant petition is filed to seek to release of the detained goods and vehicles under Section 129(1) of the CGST Act. The court directed the respondent authority to release the vehicle and the goods after obtaining a bond of Rs.11,73,480 from the writ applicant.

GST Officials Cannot Use Physical Violence: HC

November 6, 2020 12903 Views 0 comment Print

Agarwal Foundries Private Limited Rama Towers Vs Union of India (Telangana High Court) No provision of any law is cited before us by the respondents to say that they are entitled to use physical violence against persons they suspect of being guilty of tax evasion while discharging their duties under the CGST Act, 2017. Merely […]

Bombay HC extends all interim orders till 22.12.2020

November 6, 2020 1851 Views 0 comment Print

High Court on Its Own Motion Vs State of Maharashtra (Bombay High Court) 1. Although the situation in the State of Maharashtra because of the pandemic has improved over the last few days, access to the courts of law is yet not free. To ensure that persons suffering orders of dispossession, demolition, eviction, etc., passed […]

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