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Chhattisgarh High Court

HC refuses bail to Person allegedly involved in availment of Fraudulent ITC

May 1, 2022 837 Views 0 comment Print

Facts of the case, in brief, are that the appellants created several fictitious and physically non-existent trading company firms in Chhattisgarh, Jharkhand, Madhya Pradesh, West Bengal and Maharashtra, got them registered in GSTN portal online using identity credential of several persons using forged PAN and issued fake bills to transmit fake Income Tax Credit (ITC) to several other traders.

Reassessment Notice based on primacies material related to bogus purchases is valid

April 19, 2022 4935 Views 0 comment Print

In reassessment it is only required to see whether there is prima facie material before the Assessing Officer to initiate proceedings and other requirements under the law, pre­condition i.e. of taking approval/sanction under Section 151, before issuance of notice under Section 148 is followed or not. Whether there is prima facie material available on the basis of which department can reopen case and not sufficiency or correctness of material to be considered.

HC quashes Section 148 notice for failure to record reason for issue of notice

April 10, 2022 1272 Views 0 comment Print

Hariom Ingots and Power Pvt. Ltd. Vs PCIT (Chhattisgarh High Court) Perusal of aforementioned provisions under Section 56 of the I.T. Act would reflect that Section 56 mentions about the income from other sources. Section 56(vii) talks about the income received by an individual or a Hindu undivided family in any previous year. Petitioner is […]

Unmarried Daughter Can Claim Marriage Expenses from Parents Hindu Law

April 6, 2022 10275 Views 0 comment Print

Rajeshwari Vs Bhunu Ram (Chhattisgarh High Court) Section 20 of the Hindu Adoptions and Maintenance Act, 1956 speaks about the maintenance of children and aged parents. Sub section(3) of Section 20 causes obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried, as the case may […]

NI Act S.138 | Liability of director when Company not been made accused

April 3, 2022 27102 Views 1 comment Print

Charanjeet Singh Saini Vs Ispat India (Chhattisgarh High Court) Now referring back to the allegations and averments made in the complaint under Section 138 of Negotiable Instrument Act, though the petitioners have been described somewhere in the petition as Director in some petition for and on behalf of Saini Industries Limited would make it clear […]

HC dismisses Writ against SCN as pre-mature on grounds of alternate remedy

March 30, 2022 1842 Views 0 comment Print

Kay Pan Sugandh Pvt. Ltd. Vs Director General of GST Intelligence (Chhattisgarh High Court) Petitioner is engaged in the business of manufacturing of pan masala of various brand names and retail sale price. From the pleadings made in writ petition, it is clear that petitioner got installed different PMPMs of different MRPs at its factory […]

Illegitimate son/daughter also entitled for compassionate appointment: HC

March 21, 2022 2961 Views 0 comment Print

Piyush Kumar Anchal Vs State of C.G. (Chhattisgarh High Court) here is serious dispute between the parties, whether the petitioner’s mother is first wife of the deceased Government servant late Shri Mohan Lal Anchal or the mother of Suresh Kumar Anchal, who also claimed compassionate appointment being another son of late Shri Mohan Lal Anchal from […]

HC Quashes unauthorised Search & seizure proceedings and subsequent summons by DRI

March 10, 2022 2649 Views 0 comment Print

Search and seizure proceedings and subsequent summons by DRI quashed by Chhatisgarh High Court being unauthorised. DRI fielded ASG but that did not help. A jeweller’s premises were searched in May-2021, gold and silver was seized. He was arrested and remained in JC for 60 days.

Daughters entitled to equal share in property inherited by their parents

March 6, 2022 5100 Views 0 comment Print

ince the plaintiff and defendants are coparcener of the joint Hindu as per Hindu Succession Act as amended in 2005, the daughters are also entitled for getting equal share in the property inherited by their parents. The suit land is inherited by deceased Kachra Bai, as such defendants and plaintiff are entitled to get equal share in the property as per Section 6 of the Hindu Succession Act as amended in 2005.

Limitation Act not applies to Criminal Proceedings unless Specifically Provided

February 6, 2022 15648 Views 0 comment Print

Ravindra Singh Vs State of Chhattisgarh (Chhattisgarh high Court) The general rule of criminal justice is that ‘a crime never dies’. The principle is reflected in the well-known maxim nullum tempus aut locus occurrit regi (lapse of time is no bar to Crown in proceeding against offenders). The Limitation Act, 1963 does not apply to […]

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