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Look out Circular against CA despite co-operation in Investigation not justified

February 12, 2020 1857 Views 0 comment Print

Lakshmi Satyanarayana Dutt Tadikonda Vs Union of India & Ors. (Delhi High Court) In the given case, the petitioner is seeking the withdrawal of the Look Out Circular (LOC) issued against him and no other prayer has been pressed during the course of the arguments by the Ld. Sr. counsel for the  petitioner. The petitioner […]

DGFT cannot Restriction Advance Authorisation through Public Notice

February 11, 2020 2601 Views 0 comment Print

The issue under consideration is whether the Public notice issued by DGFT for restricting the issuance of Advance Authorisation is justified in law?

Validity of notice issued in Form GST-MOV-10 under section 129(6)

February 11, 2020 6348 Views 0 comment Print

ABB India Ltd. Vs Union of India (Gujarat High Court) The whole basis of issuing Form GST-MOV-10 appears to be erroneous in law. The authority has thought fit to proceed against the applicant by way of Form GST-MOV-10, on the premise of section 129(6) of the Act, 2017. Section 129(6) of the Act, 2017 reads […]

GST: Exercise of power without Opportunity of hearing to Assesse is unjustified

February 11, 2020 702 Views 0 comment Print

Contention of the learned counsel for the Revenue that the Act vests the power in the respondents to take measures for recovery of tax, interest & the penalties that have fallen due does not come to the rescue of the Revenue; existence of power is one thing and its exercise is another; the existence per se does not justify the exercise; no case is made out for excluding an opportunity of hearing to the Assessee before making the impugned order.

Fees for rendering banking services cannot be treated as commission for TDS U/s. 194H

February 11, 2020 1431 Views 0 comment Print

The amount retained by the bank for the fees charged for having rendered banking services, cannot be treated as a commission or a brokerage paid in course of use of banking service by a person acting on behalf of another for buying or selling goods, so as to be hit by section 194H.

No Addition u/s 41(1) Merely Because Liability Outstanding for Long Period

February 10, 2020 1350 Views 0 comment Print

PCIT Vs Adani Agro (P.) Ltd. (Gujarat High Court) The issue under consideration is whether the addition made by AO under Section 41(1) of the Act on account of cessation of liability is justified in law? High Court states that, once assessee had continued to show admitted amounts as liabilities in its balance sheet, the […]

Section 129(3) Notices cannot be adjudicated at the stage where petitioner had already submitted reply to such notices: HC

February 10, 2020 1809 Views 0 comment Print

Larsen And Toubro Limited Vs The Commissioner (Kerala High Court) The high court was of the view that the controversy involved assailing the impugned notices could not be adjudicated at this stage of the matter, particularly when the petitioner had already submitted a reply backed by relevant provisions and circulars which is required to be […]

HC: No interim relief to directors who were disqualified u/s 164(2)

February 7, 2020 4455 Views 0 comment Print

Where a director was disqualified under section 164(2) of the Companies Act 2013 for not filing Financial Statements and Annual Returns continuously for a period of three years, then, the disqualification was incurred and no interim relief  was to be granted for the same as these were ministerial or administrative act of filing which was to be performed by the Company.

Section 138 Prosecution not hit by bar created by Section 69(2) of Partnership Act

February 7, 2020 4575 Views 0 comment Print

The prosecution of an accused under Section 138 of the Negotiable Instruments Act, 1888, is not hit by the bar created by sub-section (2) of Section 69 of the Indian Partnership Act, 1932.

Bank guarantee is equivalent to tax payment for Section 129(1)

February 7, 2020 4452 Views 0 comment Print

Skipper Limited Vs Union of India (Allahabad High Court) The provision shows that upon seizure of goods and conveyances in transit, the Revenue shall issue a notice specifying the tax and penalty liable to be paid by the assessee and pass an order for payment and tax and penalty in the manner provided under Clause […]

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