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No bail despite 7 year in Jail due to valid order of remand in other 2 cases

August 18, 2020 2472 Views 0 comment Print

Ritlal Rai Vs. Union of India (Patna High Court) In this case Though the petitioner has already suffered maximum punishment of seven years, so in the present case lodged under the PML Act, he cannot be kept in judicial custody but, because in two cases in which he is still in jail with respect to […]

RTI Seeking Details of Minutes of Meeting of GSTN – HC refers matter back to CIC

August 18, 2020 8622 Views 0 comment Print

The issue under consideration is whether RTI application seeking disclosure of Minutes of the Board Meeting & resolutions of Goods & Service Tax Network (GSTN) by information commissioner will be sustain in law?

Competent authority can order provisional release of goods, pending confiscation proceedings: HC

August 18, 2020 852 Views 0 comment Print

Pending the confiscation proceedings, if the writ applicants file an application under Section 67(6) of the Act for provisional release of the goods and the vehicle, if any, then the competent authority shall look into the same at the earliest and pass an appropriate order on such application within a period of fifteen days from the date of receipt of such application.

Bogus GST ITC- HC rejects bail to prevent Tampering of Evidence

August 18, 2020 1791 Views 0 comment Print

Mr. Ashok Kumar Vs Commissioner CGST & Central Excise (Bombay High Court) Taking into consideration, the facts of the case, though the officers under the CGST Act, cannot seek custody of the arrested persons for completing the investigation, respondent’s contention that applicant’s detention in custody is necessary to prevent him from causing the evidence of […]

Gujarat HC quashes VAT order passed due to Procedural Lapses

August 18, 2020 3540 Views 0 comment Print

Vivaa Tradecom Pvt. Ltd. Vs State of Gujarat (Gujarat High Court) The Gujarat High Court quashed the order and the demand notice passed by the respondent authority because of the procedural lapses and remitting the matter back to the respondent authority for fresh hearing. The first writ applicant, M/s Viva Tradecom Pvt. Ltd is a […]

Order passed by Ignoring Cross Examination Request is unlawful

August 17, 2020 1413 Views 0 comment Print

The issue under consideration is whether the order passed by AO by denying the cross examination request of custom banker as well as bank officials is justified in law?

HC Restrain CG to Appoint Lawyers as Technical members to GSTAT

August 17, 2020 705 Views 0 comment Print

High Court restricted the Central Government from appointing technical members to the Goods and Services Tax Appellate Tribunals (GSTAT) until further orders.

GST Order Served by Uploading it on Web Portal is Valid

August 17, 2020 3177 Views 0 comment Print

whether the serving of assessment order by uploading it on web portal and not communicated separately to the assessee will be considered as valid under law?

Section 40(a)(ia) amendment is Curative & is Retrospective

August 17, 2020 2142 Views 0 comment Print

whether Tribunal is right in holding that amendment made to Section 40(a)(ia) by Finance Act, 2010 would apply retrospectively though the amendment is made with effect from 01.4.2010? 

HC imposes cost on Punjab National Bank for frivolous litigation

August 17, 2020 3981 Views 0 comment Print

Punjab National Bank Vs. Mithilanchal Industries Pvt. Ltd. (Gujarat High Court) In the present case, the borrower took an objection of non-compliance of sub-section (3), in his objection / representation given sub-section (3A), but despite the same the Bank – Secured Creditor in the present case rejected the objection instead of ensuring the compliance of […]

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