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Bombay High Court

HC Remand Back Matter to Designated Committee to take Decision Regarding Refund under SVLDRS

November 5, 2020 1443 Views 0 comment Print

Prathamesh Dream Properties P. Ltd Vs Commissioner of CGST & Central Excise & others (Bombay High Court) The issue under consideration is whether petitioner should have the benefit of relief as a declarant under the ‘pending litigation category’ and thus entitled to refund of the amount paid? High Court states that a careful and conjoint […]

Amount Determined by Adjudicating Authority in Original Order is Eligible for SVLDR Scheme

November 5, 2020 1467 Views 0 comment Print

The issue under consideration is whether in SVLDR scheme we need to show the amount mentioned in the show cause-cum-demand notice or the amount determined by the adjudicating authority in the original order?

Only DGFT Empowered to Suspend & Cancel IEC Number

November 3, 2020 12099 Views 0 comment Print

Blocking of importer exporter code of the petitioner by any authority other than the Director General of Foreign Trade or by his authorized officer under section 8 of the Foreign Trade (Development and Regulation) Act, 1992 would be unauthorized, unwarranted and without jurisdiction.

Statutory appeal remedy cannot be overridden by subordinate legislation providing for supplementary remedy

November 3, 2020 1479 Views 0 comment Print

Commissioner of Customs (II)  Vs Poonam Courier Pvt. Limited  (Bombay High Court) Remedy of appeal to the CESTAT is provided under section 129A of the Customs Act i.e., by the parent enactment. This right of appeal is a substantive right of an aggrieved person. It is not a matter of procedure but is a vested right […]

HC denies Bail to MD of IL&FS Transportation in alleged Money Laundering case

October 29, 2020 1749 Views 0 comment Print

Ramchan Krunakaran Vs Directorate of Enforcement (Bombay High Court) In Nikesh Tarachand Shah Vs. Union of India,  2018(11) SCC 1, the Apex Court has reiterated the principle concerning grant of bail being the rule and refusal being exception and while dealing with Section 45 of the PMLA Act which imposes twin stringent condition for offences […]

Transitional Credit claim on Successful filing of GST TRAN-1 cannot be Rejected Merely due to No Technical Glitches on GSTN

October 29, 2020 1749 Views 0 comment Print

The issue under consideration is that despite the admitted successful filing of Form TRAN-1 by the Petitioner, the request of the Petitioner for transitioning of credit has not been approved by the ITGRC merely on the basis that there were no technical glitches on the GSTN side is justified in law?

Interest payable only on Gross GST Liability even Prior to Section 50 Amendment

October 27, 2020 3948 Views 1 comment Print

The issue under consideration is whether interest under section 50 of the Central Goods and Service Tax Act, 2017 is to be levied on the gross tax liability? HC are of the view that no live issue survives for adjudication in this case. Recovery notices issued by the respondents are hereby quashed.

Adjudication Order must be Speaking & should deal with facts: HC

October 27, 2020 7959 Views 0 comment Print

The issue under consideration is whether the order passed by the custom officer against the self assessment done by petitioner without stating any specific reason is sustainable in law?

SVLDR application rejection for sending Via email not justified: HC

October 27, 2020 1209 Views 0 comment Print

The issue under consideration is application of declaration under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDR) communicated via email is justified in law?

HC admits plea challenging validity of Sections 49, 50CA, 56 & Income Tax Rules 11U, 11UA, 11UAA, 11UAC and 11UAD

October 22, 2020 1932 Views 0 comment Print

The Chamber of Tax Consultants & Another Vs Union of India & Another (Bombay High Court) Hon. Bombay High Court admits Petition filed under Article 226 of the Constitution of India, Petitioners have challenged the validity of various provisions of Sections 49, 50CA and 56 of the Income Tax Act, 1961 as well as provisions […]

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