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Jammu & Kashmir HC

ED cannot proceed for offences under PMLA as FIR in predicate offence is stayed

March 22, 2024 3240 Views 0 comment Print

Jammu & Kashmir HC held that that it was not open to the respondent-Enforcement Directorate to proceed against the petitioner in respect of offences under PMLA once the FIR in respect of the predicate offences had been stayed by the High Court.

Interest in land is Assets for determining FMV of shares & Capital Gain Calculation

March 7, 2024 1665 Views 0 comment Print

J&K and Ladakh High Court rules leasehold interest in land as a company asset, impacting share valuation and capital gains calculation. Read the detailed judgment analysis.

J&K HC explains Distinction Between Delivery Note & Challan under GST

January 16, 2024 4683 Views 0 comment Print

Explore the legal nuances of delivery notes vs. delivery challans. While the petitioner equated them, the court clarified their distinct roles. A delivery note records shipments, while a delivery challan formalizes goods’ actual delivery, impacting inventory levels. Uncover the significance of these terms in legal contexts.

Jammu & Kashmir HC directs Reconsideraton of ITC Claim of Malik Traders

January 9, 2024 1017 Views 0 comment Print

Malik Traders have secured a directive from the Jammu & Kashmir and Ladakh High Court for the reconsideration of their ITC claim. The court’s emphasis on providing an opportunity for the petitioner to present evidence before the Appellate Authority reflects a commitment to fair adjudication in matters involving factual complexities.

Seizure of shawls took place in Delhi hence Delhi Court will have jurisdiction

November 3, 2023 660 Views 0 comment Print

Jammu-Kashmir and Ladakh High Court held that as the seizure of shawls containing prohibited material took place in Delhi, therefore, Delhi Court will be having jurisdiction in the matter and not the court of Jammu-Kashmir and Ladakh.

Recovery of Refunded Amount Not Permissible Based on Subsequent SC Decision

August 28, 2023 738 Views 0 comment Print

J&K and Ladakh High Court rules no recovery of previously refunded cess amount by the Revenue Department, dismissing a delayed appeal of 1488 days.

HC Rules: No TDS on FDR Interest to Jammu Development Authority by Bank

August 13, 2023 756 Views 0 comment Print

Learn about the judgment of the Jammu & Kashmir and Ladakh High Court in the case of PCIT vs J&K Bank Ltd., where the court ruled that a bank is not obligated to deduct TDS from the interest paid to Jammu Development Authority on fixed deposits

Extended period of limitation not invocable as mandatory twin factors missing

July 30, 2023 1455 Views 0 comment Print

Jammu Kashmir High Court held that the extended period of limitation as provided under provision to sub -section (1) of Section 11A was not invocable for the simple reason that the twin factors which are sine quo non for invoking the proviso were missing.

Trust Registration under section 12AA cannot be denied for Surplus Profit

July 26, 2023 3303 Views 0 comment Print

The J&K High Court ruled that trust registration under section 12AA cannot be denied solely for generating surplus profit. Read the full judgment here.

J&K Roads Development Agency Exempt from TDS deduction on Term Deposit Interest

July 23, 2023 825 Views 0 comment Print

Court ruled that the funds in the Term Deposit Accounts were the income of the Government of India and exempt from TDS under Section 196 of the Act. Moreover, the JKSRRDA, being wholly financed by the Central Government, was also eligible for exemption under Notification No. 3489 dated 22.10.1970, despite not being registered under the Central Societies Registration Act.

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