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Andhra Pradesh HC

Creditors needs to adhere time-limit fixed by Magistrate for taking over possession of secured assets

March 4, 2022 9498 Views 0 comment Print

Mangalagiri Textile Mills Private Limited Vs The State Bank of India (Andhra Pradesh High Court) Facts- The petitioners obtained loan from the SBI. The account became a Non-Performing Asset where under the total amount of Rs. 10,36,25,840 was to be paid. As the petitioners had defaulted, the SBI, prior to sanctioning OTS, on 27.02.2019 had […]

Once there is a failure of rules of natural justice, even if there is an alternative remedy, a writ is maintainable

February 10, 2022 1437 Views 0 comment Print

Polu Venkata Lakshmamma Vs The State of Andhra Pradesh (Andhra Pradesh High Court) Once there is a failure of rules of natural justice, even if there is an alternative remedy, a writ is maintainable. The law is well settled. Hence, the impugned order, dated 22.12.2020 as communicated by the endorsement dated 14.12.2021 is hereby set […]

Commercial court is empowered to provide new time period for filing written submission

February 4, 2022 26238 Views 0 comment Print

Commercial Court shall have power to provide a new time period for filing written statement under section 15(4) of the Act, 2015 itself, independent of Section 148 CPC.

Writ jurisdiction cannot be invoked, in case efficacious alternative remedy is available

October 20, 2021 1323 Views 0 comment Print

Kesoram Industries Ltd. Vs Assistant Commissioner of Central GST & Central Excise (Andhra Pradesh High Court)  The Writ Petition was filed to get relief of levy of interest on late payment. Section 107 of the Act clearly provides an efficacious alternative remedy to the petitioner to approach the appellate authority. It is, indeed, a settled […]

Rejection of tender justified for not having GST registration when goods under Tender liable to GST

October 3, 2021 4632 Views 0 comment Print

A person is exempted from the requirement of registration if he is engaged in supplying only those goods and services which are exempt from registration and does not supply any other goods or services. If such a person deals in any other goods or services, he will not be eligible for such exemption.

HC Grants Bail to Money Laundering Accused

September 26, 2021 1368 Views 0 comment Print

Bhimendra Kumar Goyal Vs Enforcement Directorate (Andhra Pradesh High Court) Hon’ble Apex Court in catena of cases observed that while granting bail the Court has to keep in mind the nature of accusation, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances […]

SVLDRS Discharge certificate cannot be withheld for transition of disputed credits to GST

September 1, 2021 1113 Views 0 comment Print

Bharathi Cement Corporation Pvt. Ltd. Vs Additional Commissioner of Central Tax (Andhra Pradesh High Court) Once the declarant had made payment of the estimated amount as per the statement in the form of SVLDRS-3 within the stipulated time, it was beyond the jurisdiction of the respondents to proceed with adjudication of the show-cause notice issued […]

Andhra Pradesh HC extends all Interim Orders subsisting on 21.04.2021

June 30, 2021 1197 Views 0 comment Print

In re Extension of interim orders in view of current wave of Covid-19 Pandemic Vs State of Andhra Pradesh (Andhra Pradesh High Court) FULL TEXT OF THE JUDGMENT/ORDER of ABDHRA PRADESH HIGH COURT The current wave of COVID-19 pandemic has created havoc in the country with fast rising number of cases. Many of the learned advocates […]

HC explains period for which interest payable on pre-deposit refunded

June 29, 2021 2238 Views 0 comment Print

M/s. Maithan Ceramics Limited Vs The Commissioner of Central Tax (Andhra Pradesh High Court) An analysis of the aforesaid statutory morphism would show while the original provision stipulated interest would be payable at a rate specified in Section 27A after expiry of three months from the date of communication of the order of the appellate […]

HC direction on Adjustment of Income Tax Refund towards Tax, Interest & Penalty under Karvivad Samadhan Scheme

June 24, 2021 546 Views 0 comment Print

Best India Tobacco Suppliers Pvt. Ltd. Vs CIT (Andhra Pradesh High Court) The important aspect for consideration in this writ petition is when the assessee files declaration under Karvivad Samadhan Scheme, 1998 (for short, ‘the KVS scheme’) i.e., whether the tax refund should be adjusted towards the arrears of the tax proper first and balance […]

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