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All High Courts

PIL cannot be filed for non-completion of GST crime investigation within time

September 23, 2020 846 Views 0 comment Print

Nitin Singh Bhati Vs. Union of India (Madhya Pradesh High Court, Indore Bench) The petitioner before this court a practicing advocate has filed this present petition by way of Public Interest Litigation. The contention of the petitioner is that a criminal case was registered against certain persons in the township of Indore i.e. Crime No. […]

Dishonour of Cheque: Drawee need not wait for 15 days if intention of drawer to not pay is clear

September 23, 2020 6291 Views 0 comment Print

Ravi Dixit Vs State of U.P. and Another (Allahabad High Court) Learned counsel for the petitioner has submitted that the summoning order is without compliance of provisions of Section 138 of the Act, 1881; the application has been falsely implicated due to enmity and financial dispute with the complainant and that cheques were dishonoured as […]

Blocking of the e-credit ledger – Mismatch of GSTR-2A and 3B

September 23, 2020 7266 Views 0 comment Print

Goyal Iron And Steel Traders Vs Assistant Commissioner Palam Division CGST Delhi South & Ors. (Delhi High Court) High Court directed to decide the matter by way of a reasoned order where the electronic credit ledger was blocked citing a mismatch in the Input Tax Credit claimed in GSTR-3B and that appearing in GSTR-2A. High COurt held that […]

Advance from Developer cannot be treated as ‘Windfall’ gain & taxed

September 22, 2020 921 Views 0 comment Print

CIT Vs. City Lubricants Pvt. Ltd (Madras High Court) Thus, the issue pertaining to the amount of advance received by the assessee, namely, Rs.9 Crores was never the subject matter of the reopening proceedings which is sufficient to hold that the assessment order dated 25.03.2015 to be a nullity. Nevertheless, we heard the learned counsels […]

Motor Accident Claims Tribunal not empowered to entertain Claim Petition under Motor Vehicles Act

September 22, 2020 11133 Views 0 comment Print

The Cholamandalam MS General Insurance Company Limited Vs Ramesh Babu (Madras High court) In the present case, the Personal Accident Coverage Policy has been agreed between the appellant/Insurance company as well as the respondent. Rs.2,00,000/- is fixed under the Personal Accident Coverage Policy. The Tribunal has granted a sum of Rs.2,16,500/-towards compensation. The Tribunal has […]

HC rejects Anticipatory Bail plea of Excise Officer in alleged gratification case

September 22, 2020 699 Views 0 comment Print

Sushil Kumar Vs. State of Punjab (Punjab High Court) There is no quibble that the liberty of a person is of utmost importance. But when personal liberty is pitted against a sovereign function i.e. collection of tax which is life blood of the economy, the latter would prevail. Present is a case where arrest is […]

Promoters Directors can nominate any person as a director to apply under CFSS Scheme 2020

September 22, 2020 2235 Views 0 comment Print

Navneet Sahay Verma and another Vs. Registrar of Companies and another (Bombay High Court) The Petitioners, because of their disqualification, cannot apply under the Companies Fresh Start Scheme in respect of their companies. This Scheme is to end on 30 September 2020. They, therefore, seek a direction that they may be permitted to apply under […]

Freezing Bank Account for a Long Period without Satisfying Pre-Conditions Not Justified in Law

September 22, 2020 4602 Views 0 comment Print

The issue under consideration is whether freezing the bank account for such a long period is justified in law?

HC Rejects Bail to Officer Involved allegedly in Bribery & Helping in GST Evasion

September 22, 2020 990 Views 0 comment Print

In the instant case, the petition id filed to seek the bail to a person accused of tax evasion and bribery as per GST Act and Prevention of Corruption Act.

Pay GST on input services, Claim ITC & then claim Refund: HC to CDRSL

September 22, 2020 3084 Views 2 comments Print

CIAL Duty Free And Retail Services Ltd (CDRSL) Vs. Union of India (Kerala High Court) Kerala High Court held that petitioner shall pay the GST on input services including Concession Fee and claim ITC of the entire tax amount and thereafter claim refund of the same by following the procedure prescribed under Section 54(3) of […]

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