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Bombay High Court

HC Quashes rules barring lawyers with experience of 10-20 years from serving at consumer commissions

October 2, 2021 1284 Views 0 comment Print

Rules 3(2)(b) and 4(2)(c) of the Rules of 2020 prescribing a minimum experience of not less than 20 years for appointment of President and Members of State Commission and experience of not less than 15 years for appointment of Presidents and Members of District Commission, are unconstitutional and violative of Article 14 of the Constitution of India.

HC quashes Faceless Assessment order for not furnishing Mandatory draft assessment order to Assessee

September 28, 2021 6414 Views 0 comment Print

Chander Arjandas Manwani Vs National Faceless Assessment Centre & ors. (Bombay High Court) In our view, as noted earlier no draft assessment order has been issued at all let alone on 1st February, 2021. The notice dated 1st February, 2021, as stated earlier, is seeking further documentary evidences and those evidences sought are for the […]

Deficiency in the GST portal has to be covered up manually and can’t be a excuse for not amending BOE

September 27, 2021 1734 Views 0 comment Print

Sinochem India Company Pvt. Ltd. Vs Union of India & Ors. (Bombay High Court) In Sinochem India Company Pvt. Ltd. v. Union of India & Ors. [Writ Petition (L) No. 13894 of 2021] and in Hindustan Unilever Ltd. v. The Union of India & Ors, [Writ Petition (L) No. 8163 of 2021] involve a common […]

Writ Jurisdiction Under Article 226 Cannot Be Invoked If Petitioner Suppressed Material Facts: Bombay HC

September 27, 2021 3663 Views 0 comment Print

Sai Agencies Vs State of Maharashtra (Bombay High Court) Principles of law interpreted in the Reported Judgment of Sai Agencies Versus State of Maharashtra & Ors. (Writ Petition No. 2067 of 2021) 1. That the Courts shall not ordinarily test the opinion of the experts unless their decision is totally arbitrary or unreasonable. The Courts […]

Bombay High Court allowed Manual Filing of TRANS-1 FORM

September 16, 2021 2514 Views 2 comments Print

Para 13 We permit the petitioner to tender the revised form GST TRAN-1, online as well as by tendering a copy manually to respondent No.4 within two (2) weeks’ time. We are permitting the petitioner to submit the revised form manually.

HC directs Advance ruling authorities to answer specific questions asked by Appellant

September 13, 2021 1077 Views 0 comment Print

Kasturba Health Society Vs Union of India (Bombay High Court) On going through the impugned orders challenged here, we find that these orders do not answer the basic question raised by the petitioner-society. The question raised by the petitioner-society was as to whether or not, the petitioner-society, on its own strength and in its own […]

No TDS deductible by Builder on Refundable Amount paid to Home-Buyers: Bombay HC

September 8, 2021 6618 Views 0 comment Print

Sainath Rajkumar Sarode And Others Vs State of Maharashtra And Others (Bombay High Court) Sainath Rajkumar Sarode (Petitioner) has been filed seeking directions for the recovery of arrears due to the Petitioners under a Recovery Warrant dated October 15, 2018 passed by the Maharashtra Real Estate Regulatory Authority against Respondent Nos. 4 to 7. In […]

GST: Bank account cannot continue to be attached after one year

August 30, 2021 2760 Views 0 comment Print

Implement Impex Private Limited Vs State of Maharashtra (Bombay High Court) The grievance that has been voiced in this writ petition is that despite lapse of more than a year from the date provisional attachment of the petitioner’s bank account was ordered, the Joint Commissioner has not lifted such order of provisional attachment. In ground […]

HC dismisses ILFS’s plea challenging SEBI’s SCN imposing penalty

August 30, 2021 2370 Views 0 comment Print

IL & FS Financial Services Limited Vs SEBI (Bombay High Court) Conclusion: Show-cause notice issued for imposition of penalty under section 15HB and 15A(b) of the SEBI Act for violating the provisions of LODR Regulations was according to section 15-I(3) with second proviso or not, that could be decided by the authority at the time […]

Secured debt has priority over Government dues/tax dues

August 27, 2021 4242 Views 0 comment Print

Edelweiss Asset Reconstruction Co. Ltd. Vs Tax Recovery Officer (Bombay High Court) The moot issue arising herein, whether the secured debt assigned in favour of Petitioner (Edelweiss Asset Reconstruction Co. Ltd.)  has a priority over Government dues/tax dues, is, no longer res integra. The Supreme Court in the case of Bombay Stock Exchange Vs. V. […]

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