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Telangana High Court

Application u/s 11 of A&C not maintainable for allegation of collusion between arbitrator & party

September 15, 2022 2190 Views 0 comment Print

Held that allegation of collusion between the arbitrator and the opposite party cannot be decided in an application filed under section 11 of the Arbitration and Conciliation Act, 1996

Refund of ITC on account of IDS allowed where goods supplied under concessional rate notification

September 14, 2022 2295 Views 0 comment Print

HC remanded back the matter to the assessing authority for reconsidering the refund claimed by the assessee noting that refund of accumulated Input Tax Credit (ITC) on account of inverted duty structure (IDS) is allowed where the goods have been supplied under concessional rate notification.

GST registration Cancellation: Extension of limitation – HC remands matter back to revenue

September 9, 2022 1491 Views 0 comment Print

Chenna Krishnama Charyulu Karampudi Vs Additional Commissioner Appeals (Telangana High Court) HC held that  Though the lower appellate authority may be right in holding that while it may allow filing of an appeal beyond the limitation of three months for a further period of one month, therefore, by extension of limitation beyond the extended period […]

Advance ruling application cannot be rejected for initiation of investigation post filing of an application

September 8, 2022 1092 Views 0 comment Print

Held that any inquiry/ investigation post-filing of an application for advance ruling cannot debar the applicant from seeking advance ruling.

Arbitration Act- Existence of a ‘Contingent Contract’ cannot be decided in limited jurisdiction of HC

August 25, 2022 1620 Views 0 comment Print

D. Ravinder Reddy Vs Smt. C. Geethanjali (Telangana High Court) In the present case, there is no dispute that the parties by incorporating Clause 28 had agreed to resolve their disputes through arbitration. The said clause is extracted below: “In the case of any dispute between the parties hereto touching these presents, the matter shall […]

Summon u/s 108 is not contrary to the provisions of Cr.P.C.

August 4, 2022 4452 Views 0 comment Print

Held that as summoning of the petitioners by the respondents would not amount to taking any coercive steps like arresting them or prosecuting them, but only to proceed forward with the investigation. Such summons not contrary to the provisions of Cr.P.C.

Arbitration cannot be referred on impossibility of a party to fulfil obligations under agreement

August 4, 2022 1194 Views 0 comment Print

Court is of the view that it was an impossible situation for the respondents to have paid the lease rentals timely, particularly during the period covered by the claim of the applicants. In the circumstances, the present is not a fit case where the parties should be referred to arbitration

Mismatch of Vehicle Number in case of Stock Transfer – HC refers matter back to Dept

August 2, 2022 1554 Views 0 comment Print

Symed Labs Limited Vs. Appellate Joint Commissioner of ST (Telangana High Court) HC set aside penalty levied for mismatch of vehicle number in e-way bill for stock transfer – There was mismatch between the registration number of the vehicle and the vehicle number mentioned in the e-way bill. Statement of the driver was found to […]

Place of supply in case of unregistered passenger for supply by OLA – HC set aside erroneous order

July 26, 2022 1167 Views 0 comment Print

Telangana HC remands the case to decide on IGST applicability in Ola’s passenger transportation services, challenging an order for CGST and SGST payment.

Telangana Value Added Tax (Second Amendment) Act, 2017 is unconstitutional

July 12, 2022 2568 Views 0 comment Print

Sri Sri Engineering Works Vs Deputy Commissioner (CT) (Telangana High Court) Challenge made in this batch of writ petitions is to the constitutionality of Telangana Value Added Tax (Second Amendment) Act, 2017. It is the contention of the petitioners that Telangana Value Added Tax (Second Amendment) Act, 2017 is ultra vires the Constitution of India and thus […]

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