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All High Courts

HC imposes cost for Filing Petition which was out of its territorial Jurisdiction

August 4, 2020 1815 Views 0 comment Print

Vijay Goverdhandas Kalantri & Another Vs Union of India & Others (Punjab and Haryana High Court) The issue under consideration is whether the filing of the petition without jurisdiction only to gain benefit of its interim order is sustainable in law? In the present case, admittedly, both the petitioners are residents of Mumbai and the […]

Solvency certificate can be insisted for Grant or Renewal of Excise Licenses of Liquor

August 3, 2020 3822 Views 0 comment Print

whether the Government of Orissa in its Department of Excise can insist on furnishing Bank Guarantee, instead of Solvency certificate, for grant or renewal of Excise Licenses in respect of liquor?

Excess CST paid due to denial of ‘C’ Form is allowed as refund to buyer

July 31, 2020 2751 Views 0 comment Print

Udaipur Cement Works Ltd. Vs State of Gujarat (Gujarat High Court) 1. By this writ application under Article 226 of the Constitution of India, the writ applicant, a Public Limited Company, having its place of business at Rajasthan, has prayed for the following reliefs; “(A) This Hon’ble Court may be pleased to issue a writ […]

Section 54F Exemption on Investment in House Property in USA Prior to 01.04.2015 allowable

July 31, 2020 2040 Views 0 comment Print

The issue under consideration is whether the assessee is entitled to claim exemption u/s 54F of the Income Tax Act in respect of investment made in the house property in USA?

Writ not allowed where efficacious remedy to appeal is available

July 30, 2020 627 Views 0 comment Print

The petitioner has an alternative and efficacious remedy to assail the impugned order by filing an appeal before the appellate authority. Consequently, the petitioner is relegated to file an appeal before the appellate authority.

GST- Best Judgement assessment can be done immediately after failure to file return despite notice

July 30, 2020 3237 Views 0 comment Print

Kerala High Court clarifies the time frame for best judgment assessment under GST. Details of the Amani Machine Centre vs. State Tax Officer case.

Rajasthan HC allows petitioner to apply to GST Council to get CENVAT credit benefit

July 30, 2020 1185 Views 0 comment Print

Trivedi Ventures LLP Vs Union of India (Rajasthan High Court) Plea of Petitioner was  to enable the petitioners to avail Tansitional Credit in Electronic Credit Ledger. It was also prayed that the respondents should give effect to Form GST Tran-1 that had been manually submitted to the respondent-department to avail relevant Legitimate Input Tax Credit. […]

HC dismisses PIL to include Advocates in Definition of ‘Professionals’ under MSMED Act

July 29, 2020 1386 Views 0 comment Print

Whether the public interest litigation (PIL) challenging non-inclusion of advocates in the definition of the word ‘professionals’ under the MSMED Act, 2006 will be entertained by High Court?

Compensation paid to Earlier Buyer to Cancel Agreement is Deductible Expenses u/s 48 for Capital Gains

July 29, 2020 3708 Views 0 comment Print

The issue under consideration is Whether compensation paid to earlier buyer to cancel the agreement is deductible expenditure u/s 48 for calculation of Capital Gains?

Withholding of refund for non-completion of assessment is invalid

July 28, 2020 1353 Views 0 comment Print

Cooner Institute of Health Care And Research Centre Pvt. Ltd. Vs ITO (Delhi High Court) Delhi High Court Direction To Release Refund Withheld Without Valid Reasons And Based On Flawed Assumption only ground for withholding refund is that since case of the petitioner has been selected for scrutiny for AY 2018-19, under Section 143(2) of […]

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