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Orissa High Court

Writ petition during Notice stage would frustrate tax administration

November 25, 2022 2535 Views 0 comment Print

HC held that entertaining Writ Petition at the stage of notice would interrupt adjudication process and frustrate tax administration. Assessee has ample opportunity to agitate issues before assessing officer.

Differential Tax Amount Post-GST Not Reimbursed to Contractors

November 23, 2022 2427 Views 0 comment Print

HC granted major relief to contractors by staying the coercive steps against the contractors and ordered the State GST department to abide by its circular, Finance Department vide Office memorandum No. FIN-CTI-TAX-0045-2017/38535/F dated December 10, 2018 to address the problems with works contracts brought on by the change from VAT to GST tax system

Criminal proceedings cannot continue on CA in absence of any personal interest in conduct of business

November 21, 2022 5862 Views 0 comment Print

Orissa High Court held that No Objection Certificate certified by the Chartered Accountant is the act of discharging his professional duty No criminal proceedings can be continued in absence of material showing personal interest in any gain/ loss of the parties conducting business.

Final GST Audit Report to be issued after considering Assessee’s Reply

November 19, 2022 28305 Views 1 comment Print

HC ruled that, the final GST Audit Report shall be issued only after considering the reply filed by the assessee, and thereby allowed the Petitioner, M/s. Simon India Ltd. to file the reply under section 65(4) of the Orissa Goods and Services Tax Act, 2017 after department filed draft and final GST audit report on same day.

Employer liable to pay simple interest @10% for non-payment of gratuity within specified period

November 17, 2022 9984 Views 1 comment Print

Orissa High Court held that Central Government, in exercise of the powers conferred by Sub-Section (3-A) of Section 7 of the P.G. Act, 1972, vide Notification dated 01.10.1987, notified that simple interest @10% is payable for the time gratuity is not paid within the specified period.

Bribe case instituted without proper sanction renders proceedings void ab initio

November 14, 2022 1950 Views 0 comment Print

Orissa High Court held that Asst. Commissioner is not competent authority to accord sanction for launching prosecution against the appellant being a tax assistant. Accordingly, any case instituted without a proper sanction must fail because this being a manifest defect in the prosecution, the entire proceedings are rendered void ab initio.

Arbitrator become Ineligible if his Close Relative is controlling the Company

November 4, 2022 576 Views 0 comment Print

Abhay Trading Pvt. Ltd Vs National Aluminium Company Ltd (Orissa High Court) 1. The challenge in the present petition is to continuance of the Arbitrator presently seized of adjudicating the dispute between the parties in view of declaration made by such Arbitrator on 9th September, 2021 that his younger brother was at that point in […]

RERA – Transfer of common areas should be effected in favour of an Association of Apartment Owners: HC

October 29, 2022 5145 Views 0 comment Print

High COurt held that Registering Authority is bound to refuse to register an instrument for transfer of immovable property the ‘alienation or transfer of which is prohibited at any State and Central Act’. With the RERA Act mandating that the transfer of common areas should only be effected in favour of an Association of Apartment Owners

Collector cannot blacklist manpower service provider without hearing him properly

October 25, 2022 732 Views 0 comment Print

Mind Mart Vs State Of Odisha & Anr. (Orissa High Court) he core issue involved herein involving the impugned order involving the Petitioner has been blacklisted from providing manpower in respect of the Jajpur District if suffers on account of natural justice and further if based on justified ground ? Keeping in view the contentions […]

Court direct proper officer to grant opportunity to petitioner to take all steps to revive GST registration

October 19, 2022 1548 Views 0 comment Print

Orissa High Court requested the proper officer to grant opportunity to the petitioner for taking all required step to revive registration and also permitted to pay pending GST tax and file the pending GST return prior to cancellation of GST registration u/s 29(2)(c).

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