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Delhi High Court

HC directs non-eviction of property owned by Co-Owner of Property under PMLA

January 20, 2023 3006 Views 0 comment Print

Delhi HC allows Sanjay Jain to challenge property attachment. Get insights into the PMLA Appellate Tribunal process. Eviction notices discussed.

Application for cross-examination filed before Adjudicating Authority would be integral part of process of adjudication

January 16, 2023 1974 Views 0 comment Print

Dr. U.S. Awasthi Vs Adjudicating Authority Pmla & Anr. (Delhi High Court) The Petitioner’s contention is that in terms of the Prevention of Money-Laundering (Appeal) Rules, 2005, only orders under Section 13(2) and Section 8 of PMLA are appealable to the Appellate Tribunal. As per the Petitioner, an order passed in an application seeking cross-examination […]

GST: HC refuses to allow presence of Advocate during Statement Recording by DGGI

January 16, 2023 1341 Views 0 comment Print

Ramesh Jethi Vs Directorate General of GST Intelligence (Delhi High Court) 1. This petition is filed with the following prayers:- (a) Issue a Writ of Mandamus directing the officers working under the charge and subordinate to learned Respondent to permit presence of Petitioner’s counsel while interrogating in conformity with the law propounded by the Hon’ble […]

MEIS Benefit cannot be denied for mere non- marking of ‘Y’ against reward column

January 15, 2023 1398 Views 0 comment Print

Petitioner’s intended to take benefit of MEIS scheme. Thus, error of not marking ‘Y’ against reward column is clearly an inadvertent error.

Instructions issued by Revenue Department needs to be aligned with decisions taken by courts

January 14, 2023 2289 Views 1 comment Print

Hero Motocorp Ltd. Vs Union of India & Ors. (Delhi High Court) Instructions issued by Revenue Department needs to be aligned with the decisions taken by the courts and the position of law as declared by the judgments The Hon’ble Delhi High Court in M/s. Hero Motocorp Ltd. v. Union of India & Ors [Review […]

Import/Release of Goods without Ownership Transfer Not Permissible

January 14, 2023 2154 Views 0 comment Print

Delhi High Court ruled that the import or release of goods in favor of a petitioner without the transfer of ownership is not allowed under Section 2(26) of the Customs Act, 1962. The petitioner is liable to pay 50% of the detention/demurrage charges.

Conciliation Officer is not an Industrial Tribunal or a Labour Court under Industrial Disputes Act

January 9, 2023 4464 Views 0 comment Print

The Hon’ble High Court observed that Conciliation Officer is not an Industrial Tribunal or a Labour Court and does not exercise judicial/quasi-judicial functions and/or does not adjudicate the claims of /disputes between the parties.

Delhi HC quashes Notice and Order issued on wrong PAN

January 8, 2023 4380 Views 0 comment Print

A perusal of the instruction would show that PAN – AAACK4O32H concerns an entity going by the name K.G. Finvest Pvt. Ltd. This PAN does not concern M/s Kanhaiya Impex Pvt. Ltd. The petitioner’s stand that it had not entered into any transaction with M/s Kanhaiya Impex Pvt. Ltd. is correct. Given this position, in our view, both the notice which is issued under Section 148 A (b) of the Act and the order that was passed under Section 148 A (d) of the Act suffer from obvious errors.

No bar against legal proceedings continuing concurrently with IBC liquidation proceedings 

January 8, 2023 23268 Views 0 comment Print

HC held that There is no absolute bar against a lawsuit or legal proceedings continuing concurrently with liquidation proceedings under Section 33(5) of IBC (Liquidation Moratorium), unlike Section 14 of IBC (CIRP Moratorium).

Compensation from Goa Government for cancellation of plot is capital receipt

January 7, 2023 1185 Views 0 comment Print

Delhi High Court held that compensation received from Government of Goa on cancellation of plot is capital receipt and hence not taxable.

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