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Karnataka High Court

HC explains Arbitration Clause contained in an agreement with respect to composite transaction

August 13, 2022 561 Views 0 comment Print

Bestpay Solutions Private Limited Vs Razorpay Software Private Limited (Karnataka High Court) 1. The petitioner is before this Court seeking for the following reliefs:- “A. Pass An Order U/S 11(6) of the Arbitration & Conciliation Act, 1996 appointing a sole arbitrator as per agreement dated entered on dated: 18/11/2020 to the Arbitration and Conciliation Centre, […]

GST Registration cannot be cancelled without Hearing Opportunity with specific date & time

August 13, 2022 975 Views 0 comment Print

Jinesh Associates Vs Commissioner of Commercial Taxes (Karnataka High Court) Proviso to Section 29(2) of Karnataka Goods and Services Tax Act specifically observes that there shall be no cancellation of GST registration without giving an opportunity of being heard. Accordingly, during the course of proceedings relating to cancellation of registration, there is a statutory mandate […]

Customs: Objection to sanction for prospection for corruption is to be raised during trial

August 9, 2022 819 Views 0 comment Print

Held that invalidity of sanction is different from absence of sanction and the point is to be raised during the trial.

Right to settle dispute in arbitration proceedings once waived cannot be reclaimed

August 4, 2022 2415 Views 0 comment Print

Held that as per the reply notice, the petitioner has waived the right to settle the dispute in an arbitration proceedings. Accordingly, if the right is once waived it cannot be allowed to be reclaimed.

GST paid twice – Relegating petitioner to Appellate authority would not be appropriate: HC

August 2, 2022 1002 Views 0 comment Print

Tafe Access Ltd. Vs Deputy Commissioner of Central Tax (Karnataka High Court) undisputed facts of the case are, GST3 has been paid for the Assessment year 2017-18 on January 30, 2020 and refund application has been filed on July 07, 2020. In Para 4.2 of the Circular dated September 25, 2021, Ministry of Finance has […]

Order having penal or civil consequences cannot be passed without complying with principles of natural justice

August 1, 2022 1017 Views 0 comment Print

Himanshu Gupta Vs Vs. Narayana Reddy (Karnataka High Court) In terms of Section 421 of the Cr.P.C., a fine can be recovered in a manner as depicted hereinabove. Therefore, non-payment of compensation ensues dire consequences. The scheme of the provision being thus, though no application is filed, the Court may grant interim compensation, but it […]

GST: No penalty for vehicle movement in wrong direction due to Human Error

July 30, 2022 7557 Views 0 comment Print

There may be chances of diversion that might have taken place due to human error and it cannot be definitely concluded that diversion was deliberate

Application for interim measures once entertained cannot be restricted by constitution of arbitral tribunal

July 29, 2022 1188 Views 0 comment Print

Held that the restriction contained under Section 9(3) of the Arbitration and Conciliation Act, 1996 doesn’t apply once an application under Section 9(1) for interim measures has been entertained by the Court.

Annuity received by concessionaries towards construction of roads is exempt from GST

July 26, 2022 3003 Views 0 comment Print

Held that circular no. 150/06/2021-GST dated 17.06.2021 clarifying that GST exemption is not available to annuity (deferred payments) received by the concessionaries towards construction of roads is contrary to notification no. 32/2017 and notification no. 33/2017 dated 13.10.2017.

Stamp Duty on Arbitral Award payable as per Rate Applicable on date of signing Award: Karnataka HC

July 26, 2022 14775 Views 0 comment Print

Date for the purpose of quantifying the stamp duty payable on the instrument is the date on which the instrument was signed

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