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Allahabad High Court

2 courts can have jurisdiction over arbitration application: HC explains the term ‘seat’ or ‘venue’

March 4, 2022 20310 Views 0 comment Print

Hasmukh Prajapati Vs Jai Prakash Associates Ltd. (Allahabad High Court) Facts- There was a dispute between the Petitioner and the Respondent with regard to payments in respect of an apartment. When the matter reached the stage of Arbitration, the Petitioner claimed that, as per the agreement, in case of any dispute arising between the parties, […]

Recovery Officer of Bank cannot continue Auction Sale if dues are Paid before Sale

March 1, 2022 3126 Views 0 comment Print

The BOB had already received the entire amount and, written an application to the Recovery Officer for cancellation of the sale process, but despite that the Recovery Officer had proceeded to confirm the sale wholly illegally and unauthorizedly.

Better to Abolish Tribunals If Govt cannot Appoint Presiding Officer/Chairman In DRT/DRAT

February 13, 2022 984 Views 0 comment Print

Canara Bank/Assets Recovery Mgmt. Branch Vs Debts Recovery Tribunal (Allahabad High Court) 1. Notices in Writ A No.682 of 2022 on behalf of respondent Nos.2 and 3 has been accepted by Mr.Amarjeet Singh Rakhra, Advocate and Mr. Rakesh Srivastava, Advocate respectively. learned Additional Chief Standing Counsel. Notices in Writ C No.692 of 2022 on behalf […]

Assessment order cannot be issued without giving an opportunity of being heard and is against the principles of natural justice

February 9, 2022 7359 Views 0 comment Print

HC held that the Revenue Department cannot issue assessment orders without giving the assessee an opportunity of being heard and is against the principles of natural justice. Further, remanded back the matter to be heard as a fresh case.

Motor Accident Claim – Fixing of 15K as Notional yearly Income for Non-Earning Member is Unreasonable: HC

January 17, 2022 7392 Views 0 comment Print

Roop Lal and another Vs Suresh Kumar Yadav (Allahabad High Court) This is a claimants appeal, claiming enhancement of award for the death of a child who was 07 years of age at the time of his death. Learned counsel for the appellants has submitted that deceased was a brilliant student and he had very […]

HC imposes cost on GST officer for seizure of goods without any justification

January 13, 2022 4110 Views 0 comment Print

Shri Surya Traders Vs Union of India (Allahabad High Court) Admittedly, the petitioner have sold the goods to two different registered dealers. The petitioner being a registered dealer have duly issued two tax invoices of the goods in question. The authorities have not disputed the issuance of tax invoices. An adverse view has been drawn […]

Non-submission of receipt of electricity bill is not a ground of rejection of application for GST registration

January 5, 2022 27216 Views 3 comments Print

HC set aside the rejection of application of GST registration on the ground that, if for the purpose of proof of business ownership there is an option to furnish either house tax receipts or electricity bill receipts, then application cannot be rejected on the basis of non-compliance if receipt of electricity bills are not furnished.

Allahabad High Court quashed allegations made against SAYA Gold Avenue

December 15, 2021 5058 Views 0 comment Print

Sun Tower Residents Welfare Association Vs Ghaziabad Development Authority (Allahabad High Court) In reference to the Writ petition no 59863 of 2015, (Petitioner: Sun Tower Residents Welfare Association and Respondent: Ghaziabad Development Authority, Uttar Pradesh, Saya Gold Avenue and Ors) the petitioner had alleged the respondents for not legally conducting the construction of the Indirapuram’s […]

HC stayed payment of GST for grant of mining lease/royalty

December 11, 2021 2079 Views 0 comment Print

Learned counsel for the petitioner has vehemently urged that the royalty payment is tax and not consideration in the context of the privilege parted by the State allowing the petitioner and others to mine sand. That being the nature of the payment made by the petitioner, the same is not amenable to GST as it is not consideration either for sale of goods or service provided.

HC Quashed order Cancelling GST Registration without opportunity of hearing

November 29, 2021 8949 Views 0 comment Print

HC quashed the cancellation of GST registration order as no opportunity of hearing was accorded. Further, said that the denial of opportunity of hearing to the assessee as is mandated in the first proviso to Section 29(2) of the Central Goods and Services Tax Act, 2017 (CGST Act) vitiates the proceedings as well as the orders cancelling the registration.

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