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HC instructs refund of Service Tax paid under Promoter with interest

June 10, 2020 1992 Views 0 comment Print

The issue under consideration is relating to the writ petition filed for seeking refund of pre-deposit of Service Tax  alongwith interest. Question is whether petitioner will get the refund or not?

Notice issued to RERA Rajasthan on COVID-19 order allowing deferment

June 10, 2020 1239 Views 0 comment Print

The Rajasthan High Court issued notice to Rajasthan RERA in a PIL, Civil Writ No. 6160/2020, challenging the order issued by the Authority on 13.05.2020.  The Authority granted an across-the-board extension of 12 months to the real estate projects.  However, it also implicitly granted extension for projects whose completion date had already expired before 19.3.2020. […]

No Prosecution of Chairman/Director without Impleading Company as Accused – Section 138 NI Act

June 9, 2020 6318 Views 0 comment Print

Bhupendra Suryawanshi Vs Sai Traders (Madhya Pradesh) The proviso to Section 138, however, is all important and stipulates three distinct conditions precedent, which must be satisfied before the dishonour of a cheque can constitute an offence and become punishable. The first condition is that the cheque ought to have been presented to the bank within […]

Territorial Jurisdiction of A Court For Enforcement of Award

June 8, 2020 1068 Views 0 comment Print

The Court examined the contentions of the Petitioner that the Respondent had Bank Accounts and other moveable properties within the territorial jurisdiction of New Delhi along with the Administrative Office. Further, the Respondent submitted that the immovable property was on lease and not owned by the Respondent. However, the Court noted that the Respondent did not deny existence of moveable properties like Bank Accounts within the jurisdiction of the Court.

HC quashes Ex-Parte order passed without hearing petitioner during Covid-19 Pandemic

June 8, 2020 5454 Views 0 comment Print

It is an admitted position that the impugned order dated 14.5.2020 is passed without hearing the petitioner and only on the short ground, the impugned order dated 14.5.2020 is hereby quashed and set aside and the authorities concerned shall pass a fresh order on merits without being influenced by the order impugned after giving an opportunity of hearing to the petitioner.

HC dismisses of ED’s plea to revoke Rajiv Saxena’s approver status

June 8, 2020 1278 Views 0 comment Print

Once the accused was granted pardon by the Court and was made approver, the status of the accused changed from accused to witness/approver.  However, if the approver, failed to comply with the conditions of order granting him pardon, he made him liable to be tried as accused subject to the conditions as laid down in Section 308 Cr PC. 

Stay of Demand- AO must consider prima facie case, Financial Stringency & Balance of Convenience

June 6, 2020 4392 Views 0 comment Print

The issue under consideration is the rejection of stay of demand by the assessing authority without offering an opportunity of heard is justified in law?

Closure of Branch irrelevant for Determination of Tax Liability under KVAT on Compounding basis

June 5, 2020 600 Views 0 comment Print

Assistant Commissioner (KVAT) Vs Kunnathukalathil Jewellers (Kerala High Court) Explanation 8 ot Section 8(f) of Kerala Value Added Tax Act, 2003 provided for deduction of the business of a branch which had remained closed during the whole of the year 2009-10. There is no absurdity in the provision nor can it be found unworkable. Hardship, […]

Exchange fluctuation loss on Business Advances Allowable

June 5, 2020 681 Views 0 comment Print

Whether the exchange fluctuation loss on Business Advance on Balance Sheet considered as business loss by Appellant are allowable under Section 37(1) of Income Tax Act, 1961?

Release Vehicle & Goods on Furnishing of Indemnity Bond: HC

June 5, 2020 4845 Views 0 comment Print

Sri Gopikrishna Infrastructure Pvt. Ltd Vs. The State of Tripura and ors (High Court of Tripura) Mr. Majumder, learned counsel appearing for the petitioner has submitted that for the countrywide lockdown when the vehicle, name of which has been printed in the EWay bill, got stuck in Raipur and it suffered a mechanical failure. Consequent […]

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