Jammu & Kashmir HC

Mere transfer of right to use any goods or transfer of goods to be used in works not amounts to ‘sale’

Power Grid Corporation of India Ltd. Vs Assessing Authority Sales Tax Circle D Jammu (Jammu and Kashmir High Court)

Jammu and Kashmir High Court held that mere transfer of right to use any goods or even transfer of goods to be used in works or not shall not be a ‘sale’ unless it is supported by consideration....

Rejection of Claim under J&K Budgetary Support Scheme – HC directs reconsideration

Coromandel International Ltd Vs Union of India and others (Jammu & Kashmir HC)

Coromandel International Ltd Vs Union of India and others (Jammu and Kashmir High Court) It is submitted that petitioner, applied for reimbursement by way of Budgetary support for the period, January 2020 to March 2020 and April 2020 to June 2020 before Central Tax Authorities. The Adjudicating Authority illegally and arbitrarily rejected...

Exemption notification has to be read as a whole & benefit not eligible if condition not fulfilled 

Godrej Consumer Products Limited Vs Union of India (Jammu & Kashmir High Court)

Godrej Consumer Products Limited Vs Union of India (Jammu & Kashmir High Court) In the present case, impugned Notifications are lucid and eloquent and need not be interpreted or construed in the way and manner the petitioner intends and chooses to and as a result whereof, writ petition qua impugned Notifications is liable to be [&hell...

Bank should declare encumbrances attached to property to the bidders before its auction: JK HC

S. K. Bakshi Vs Punjab National Bank (Jammu and Kashmir High Court)

The Hon’ble J&K High Court held that, the Bank could auction the property even with encumbrances attached to property but it was incumbent upon the Bank to disclose the encumbrances and litigations on the same or tenancy, if any, attached to the property to all the persons who wanted to participate in the same and to the successful bidd...

Appellants cannot bypass remedy of appeal by invoking writ jurisdiction of HC

Syed Adeel Shah Vs Directorate of Enforcement (Jammu and Kashmir High Court)

Syed Adeel Shah Vs Directorate of Enforcement (Jammu and Kashmir High Court) It appears that in an earlier round of litigation wherein the appellants had challenged the notice issued by the respondents under Section 8(4) of the PMLA Act, learned writ court had declined to grant indulgence in favour of the appellants and the writ […...

Cancellation of GST Registration cannot be revoked due to disputes over undivided property

Parveez Ahmad Baba Vs Union Territory of JK and others (Jammu & Kashmir High Court)

HC held that Registration once issued to assessee and later cancelled upon request can’t be revoked merely on the basis of disputes with brother of applicant, over undivided property....

Exemption from payment of additional toll chargeable on capital goods imported for substantial expansion not available in 2006

Chenab Textile Mills Vs State of J & K and others (Jammu & Kashmir High Court)

Jammu Kashmir High Court held that the petitioner is not entitled to the benefit of exemption from payment of additional toll chargeable on capital goods imported by it for undertaking substantial expansion of its unit in the year 2006 as the benefit for the time was made available in the year 2008....

Provisional attachment confirmation order under PML can be appealed within 10 days

Syed Akeel Shah Vs Directorate of Enforcement (Jammu & Kashmir High Court)

Jammu Kashmir High Court held that person aggrieved by the order of confirmation of provisional attachment made by the Adjudicating Authority is well within his/her right to file appeal u/s. 26 of Prevention of Money Laundering Act, 2002 within this period of ten days and may persuade the Appellate Authority to intervene in the matter....

Writ not maintainable when there is a question of fact involved & alternative remedy available : JK HC

J&K Integrated Textile Park Limited Vs Union of India And Ors. (Jammu & Kashmir High Court)

J&K HC while dismissing the writ petition observed that there was an alternative remedy provided under Section 17 of the SARFAESI Act and the issue raised by the petitioner is a disputed question of fact that cannot adjudicated upon in the writ petition....

GST registration cannot be granted on disputed premise

Parveez Ahmad Baba Vs Union Territory of J & K and others (Jammu & Kashmir High Court)

Held that the license under the Act or registration under the GST Act cannot be renewed/ granted due to the fact that the subject premise is under dispute between two persons...

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