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Telangana High Court

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

September 8, 2022 729 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 1311 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 3519 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 687 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 1071 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 852 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 1857 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 […]

Look out Circular can be Issued against personal guarantor of economic offenders

July 10, 2022 2955 Views 0 comment Print

Garikapati Venkateswara Rao W/o. Chenchaia Vs Union of India (Telangana High Court) It was not in dispute that GVR Infra Projects Limited had taken loan of Rs.250.03 Crores from the erstwhile Vijaya Bank which was now merged with Bank of Baroda, Respondent Nos.7 and 8 herein. It was also not disputed by the petitioner that […]

Place of Residence of Arbitrator not determines the jurisdiction of Arbitration

July 2, 2022 486 Views 0 comment Print

S. Square Infra Vs Garneni Chalapathi Rao (Telangana High Court) The learned counsel for the petitioner mainly contended that as the respondents nominated the Arbitrator residing at Hyderabad, only the Courts at Hyderabad are having jurisdiction but not the Courts at Sangareddy and thus, sought for transfer. Admittedly, the offer of the respondents was rejected […]

TVAT Act: Regular assessment for composition scheme dealer is untenable in law

June 28, 2022 810 Views 0 comment Print

Held that If there is payment of tax under the composition scheme, question of regular assessment would not arise under Telangana Value Added Tax Act, 2005 (TVAT Act).

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