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CS held guilty of negligence in issue of Compliance Certificate

June 29, 2018 2376 Views 0 comment Print

Respondent has admitted to have not visited the office of the City group companies but has relied merely on the instructions of one Shri Kaiser Baig rather than verifying the records himself at the office of the company.

Text of ICJ Judgment in the case of Kulbhushan Jadhav

May 19, 2017 2835 Views 0 comment Print

In the present case, the Applicant claims that Mr. Jadhav, who is an Indian national, was arrested, detained, tried and sentenced to death by Pakistan and that, despite several attempts, India was given no access to him and no possibility to communicate with him.

Punjab VAT-Penalty levied u/s 51 without serving proper notice is illegal

April 27, 2015 1066 Views 0 comment Print

The Punjab VAT Tribunal in one of my cases namely Welspun Projects Limited vs State of Punjab Appeal No. 146 of 2014 decided on 27.04.2015, has quashed the penalty levied u/s 51 of Punjab VAT Act, 2005 on the roadside, as the same was levied without serving proper notice and thereby denying reasonable opportunity of being heard to the appellant.

No penalty for mere reason that claims made under bonafide belief are found unsustainable in law

September 2, 2014 1633 Views 0 comment Print

The Gujarat Value Added Tax Tribunal in the case of Star Industries v/s The State of Gujarat (Second Appeal No. 347 of 2013 decided on 02.09.2014) has, in the context of penalty u/s 45(2)(c) of the Gujarat Sales Tax Act, 1969, held that where only under bonafide belief the appellant had failed to pay purchase tax u/s 15B on the transactions of branch transfer

Gujarat Sales Tax – Interest admissible on refund arising in appeal proceedings

August 4, 2014 3308 Views 0 comment Print

The Gujarat Value Added Tax Tribunal in the case of Jupiter Engineers Vs. The State of Gujrat has, in the context of the Gujarat Sales Tax Act, 1969, held that a dealer is entitled to interest on refund even where such refund arises in appeal proceedings.

Penalty cannot be imposed for the first time in Revision proceedings – Gujarat VAT Tribunal

February 19, 2014 4851 Views 0 comment Print

Full bench of the Gujarat Value Added Tax Tribunal in the case of ‘Kunal Structure (India) Pvt. Ltd. V/S The State Of Gujarat’ held that in view of provisions contained in Sec. 75 of the Gujarat Value Added Tax Act, 2003, penalty cannot be imposed for the first time in revision.

Admission of a new partner in consideration of payment not amounts to providing service to him

July 20, 2012 1717 Views 0 comment Print

A partnership which admits a partner in consideration of payment of a contribution in cash does not effect towards that person a supply of services for consideration within the meaning of Article 2(1) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes – Common system of value added tax: uniform basis of assessment.

‘Red Label’ cannot be trade mark as words are common to the trade and not distinctive

January 10, 2012 4406 Views 0 comment Print

Hindustan Unilever Limited Vs Girnar Exports (IPAB)- The four appeals are against the orders passed by the Deputy Registrar, Trade Marks at Chennai in three proceedings and the Deputy Registrar at Kolkata in one. The mark is Red Label. Application No. 397359 is for registration of the mark which is a label consisting of the word Red Label with a colour scheme of red and yellow in Roman and Arabic character in respect of tea (Class 30) which is the subject matter of TA/47/2003/TM/CH.

Appointment of Vice President of ITAT is by merit-based selection & not seniority. No reservation for OBC

November 6, 2010 1128 Views 0 comment Print

The appointment to the post of President and VP is by way of selection based on merit and not by way of promotion. No reservation can apply where the appointment is not by way of direct recruitment. Observations made in G.E. Veerabhadrappa vs. UOI that the appointment of VP is by way of direct recruitment are obiter and of no legal effect.

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