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Release confiscated conveyance on deposit of amount determined

December 18, 2019 576 Views 0 comment Print

Devrajbhai Vikrambhai Sambad Vs State of Gujarat (Gujarat High Court) 1. Mr. Vijay Patel, learned advocate for the petitioner submits that the petitioner is ready and willing to pay the amount computed by the respondents towards fine in lieu of confiscation of conveyance, subject to the final order that may be passed by the respondents […]

Conditional Regular bail can be allowed for offence under GST

December 18, 2019 1068 Views 0 comment Print

Mahendrasinh (Mahendraji) Chaganji Gohel Vs State of Gujarat (Gujarat High Court) This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR for the offence punishable under Sections 174 and 175 of the Indian Penal Code and under Section 132(1)(b) of the […]

No re-open assessments if period to retain Books of account expired: HC

December 18, 2019 3765 Views 0 comment Print

MCP Enterprises Vs. State of Kerala (Kerala High Court) Writ petitions are disposed by upholding the retrospective operation of Section 42(3) of the KVAT Act, but declaring that the power to re-open assessments under the said provision cannot be exercised in relation to such assessments where the period for which the assessee concerned is obliged […]

In Absence of Karta, Any Family member may be permitted to Prosecute Suit

December 18, 2019 7767 Views 0 comment Print

Madhuri Doulatram Choitram Vs Lachmandas Tulsiram Nayar (HUF) (Bombay High Court) It is one thing to say that a member of the family other than, or in the absence of, a Karta, may be permitted to prosecute the suit on account of special circumstances of a given case. And a completely different thing to claim […]

No interest liability when IGST amount wrongly deposited as CGST

December 18, 2019 9561 Views 0 comment Print

In a case where the assessee had wrongly deposited IGST as CGST, the Jharkhand High Court has quashed the letter saddling petitioner company with liability to pay short paid IGST along with interest. The High Court however directed the petitioner to deposit IGST and to claim refund of CGST or adjust the amount wrongly deposited under CGST for future liability of CGST.

‘Benami’ property: HC refuses to interfere against provisional attachment order

December 17, 2019 2082 Views 0 comment Print

Simmant Kohli Vs Union Of India (Madhya Pradesh High Court) The Court opined that pending final adjudication whether property is in the name of petitioner are ‘Benami’ property or not, the authorities concerned have passed an order of provisional attachment as a matter of precaution, until the dispute is finally resolved, no interference is warranted. […]

Denial of copies of seized documents was violation of natural justice: HC

December 17, 2019 1005 Views 0 comment Print

The prayer in the Writ Petition is for a direction to the 1st respondent to supply copies of the documents relied upon by the 1st respondent while issuing the notices, and thereafter, to afford the petitioners an opportunity to submit their objections with regard to the reliance placed on the same, before proceedings to adjudicate the matter.

JVAT Act: ITC Cannot be denied for default by selling dealer: Jharkhand HC

December 17, 2019 5244 Views 0 comment Print

Tarapore & Company Vs State of Jharkhand (Jharkhand High Court) We find that the petitioner firm had acted absolutely in a bona fide manner, as is also apparent from the impugned order dated 20.11 .2017, as contained in Annexure-5 to the writ application, and had discharged its tax liability by paying the VAT amount to […]

HC orders releases of goods as petitioner already paid amount in excess of fine

December 17, 2019 504 Views 0 comment Print

Raj Chamunda Roadlines Vs State of Gujarat (Gujarat High Court) Having regard to the fact that the petitioner has already paid the amount of Rs.1,85,248/­, which is more than the amount of fine in lieu of confiscation in terms of the order of confiscation passed under section 130 of the Central Goods and Service Tax […]

Replacement of machines as a whole cannot be held as revenue expense

December 17, 2019 1089 Views 0 comment Print

he total replacement cost of three machineries in question purchased by the Assessee amounting to Rs.54,59,149/- came to be allowed by the Tribunal as ‘repairs maintenance expenditure’ or ‘revenue expenditure’.

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