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Allahabad High Court

HC direct Tax dept to maintain judicial discipline & follow doctrine of binding precedent

May 7, 2022 3273 Views 0 comment Print

HC direct the respondents to maintain judicial discipline and follow the doctrine of binding precedent and be careful in future, having due regard to the authorities of the Court, keeping in mind the judicial propriety and discipline.

Principles, powers & limitations on exercise of Section 147/148 powers

May 5, 2022 5808 Views 0 comment Print

Uphill Farms Private Limited Vs Union of India (Allahabad High Court) HC explains principles, powers and limitations on exercise of powers under Section 147/148 by Income Tax Officers/ Authorities under the Income tax Act, 1961, as under:- (a) The assessing officer under Section 147 of the Act, 1961 has the power to re-assess any income which […]

Printing Press activity is a manufacturing process under ‘ESI Act’

May 1, 2022 1641 Views 0 comment Print

U.P. Cooperative Federation Ltd. Vs Emoployees State Insurance Corporation (Allahabad High Court) In the present case, the demand was raised for an amount of Rs.33,846/- for the employer’s contribution for the employees working in the account section of PCF Press for the period January 1981 to September 1986 and from January 1988 to May 1989. […]

Rule 17 – Order VI CPC – Clerical Mistake in Verification of Pleadings can be Rectified

May 1, 2022 11592 Views 0 comment Print

Rohit Surfactants Private Limited Vs Kanodia Salt Company Ltd (Allahabad High Court) In Regu Mahesh (Supra), the Court while dealing with compliance of Rule 15 (2) of Order VI relying upon its earlier judgment in case of A. Sapa Vs. Singora, 1991 (3) SCC 375, held that defect in verification or an affidavit is curable. […]

Routing of funds in the garb of share premium – HC Upheld Reopening

April 30, 2022 831 Views 0 comment Print

Allahabad HC reviews Ambuj Foods reassessment notice for AY 2013-14, alleging routing funds as share premium through shell companies.

HC cannot Direct Govt to declare any Monument to be of National Importance

April 30, 2022 198 Views 0 comment Print

In our opinion, a petition for direction to State Govt for issuing a notification declaring any monument to be of national importance cannot be issued as it is the matter to be decided by the competent authority under the aforesaid Act.

Compliance of Pre-Deposit Under Section 43(5) of RERA Act is Mandatory

April 18, 2022 12651 Views 0 comment Print

Air Force Naval Housing Board Air Force Station Vs U.P. Real Estate Regulatory Authority And Another (Allahabad High Court) The word ‘promoter’ has been deliberately used by the legislature in the proviso to sub-section (5) of Section 43, as sub­section (5) provides a remedy of statutory appeal to any person aggrieved by the direction or […]

GST Evasion Case: Allahabad Grants Bail to Accused

April 18, 2022 1419 Views 0 comment Print

Applicant contends that the applicant has been falsely implicated in the instant case. The statement of the applicant under Section 70 of the C.G.S.T Act, 2017 is self-implicatory which was extracted by coercion and made under duress.

Compassionate Appointment cannot be claimed as a Matter of Right: HC

April 10, 2022 11244 Views 0 comment Print

Iqbal Khan Vs State of U.P. and 2 Others (Allahabad High Court) (a) A provision for compassionate appointment is an exception to the principle that there must be an equality of opportunity in matters of public employment. The exception to be constitutionally valid has to be carefully structured and implemented in order to confine compassionate […]

Blocking of ITC- Petitioners should first approach the authorised Officer

April 8, 2022 2214 Views 0 comment Print

M. M. Traders State of U P (Allahabad High Court) All the aforequoted writ petitions have been filed aggrieved with blocking of input tax credit by the concerned authority under Rule 86 A of the C.G.S.T. /U.P. G.S.T. Rules, 2017. Rule 86 A(2) of the C.G. & S.T. Rules, 2017, which provides as under :- […]

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