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Judiciary

HC Grant Bail to person allegedly involved in issuing fake GST invoices

May 11, 2020 1185 Views 0 comment Print

Gaurav Maheshwari Vs State of Rajasthan (Rajasthan High Court) High Court has decided to grant the bail to the petitioner who is allegedly guilty of creating bogus firms/companies solely for the purpose of fraudulently creating and issuing GST invoices without any sale/purchase and actual movement of goods. Further, the prevailing circumstances of complete lock-down amidst […]

CCI closes complaint against West Bengal lotteries directorate, stockist

May 11, 2020 720 Views 0 comment Print

XYZ Vs Directorate of State Lotteries (Competition Commission of India) Competition Commission has closed a complaint alleging unfair business practices by the Directorate of State Lotteries, West Bengal, and West Bengal Lottery Stockists Syndicate. Full Text of the order of Competition Commission of India 1. The present Information has been filed by XYZ (‘the Informant’) […]

Satisfaction note should be recorded separately for assessee searched u/s 132

May 11, 2020 2301 Views 0 comment Print

The assessee challenged the jurisdiction as the Assessing Officer has not given any separate satisfaction for the assessee and only a mechanical satisfaction was recorded.

Registration u/s 12AA cannot be refused for non-starting of charitable activities

May 11, 2020 2310 Views 0 comment Print

In the given case the appeal is filed by the assessee society because their application for registration under section 12AA is rejected by the CIT with the reason that the society is a commercial entity engaged in providing medical services on commercial lines and levying huge fee for the same, without any act of charity.

HC directs department to conduct CST Assessment after providing Opportunity of Cross-Examination to Dealer

May 11, 2020 807 Views 0 comment Print

The respondents are now directed to conduct reassessment proceedings by granting reasonable opportunity to the petitioner of cross-examination in respect of the documents pertaining to the Krishi Upaj Mandi Samiti, Guna (M.P.).

Orders Passed without Fair Opportunity during Lockdown violates Principle of Natural Justice

May 11, 2020 7782 Views 0 comment Print

Assessment Order passed by the Respondent under the provisions of the Andhra Pradesh Value Added Tax Act 2005 in AO No 207184 dated 17.04.2020 for the period 06/2014 to 03/2016 as illegal, arbitrary, bad in law without jurisdiction and bereft of any valid reasons violative of principles of natural justice and violative of Articles 14, 191g and 265 of the Constitution of India and consequently set aside the same.

A court can set aside award only on the grounds provided in the Act: SC

May 11, 2020 2790 Views 0 comment Print

South East Asia Marine Engineering and Construction Ltd. Vs Oil India Ltd. (Supreme Court) It is a settled position that a Court can set aside the award only on the grounds as provided in the Arbitration Act as interpreted by the Courts. Recently, this Court in Dyna Technologies Pvt. Ltd. v. Crompton Greaves Ltd. [2019 […]

Word ‘assessable’ inserted in section 50C w.e.f. 01/10/2009

May 11, 2020 1731 Views 0 comment Print

Word assessable has been inserted in section 50C w.e.f. 01/10/2009. Thus, prior to 01/10/2009, the section 50C was applicable over the sale of properties, which were sold by of the registered deed where the stamp value was assessed by the registration authorities and the section 50C was not applicable,

HC not to interfere despite Writ application filed, when order in form GST MOV 11 already been passed

May 11, 2020 1161 Views 0 comment Print

Shiv Agro Vs State of Gujarat (Gujarat High Court) For final decision regarding confiscation of goods and conveyance under GST, the applicant has to file statutory appeal under Section 107 of the G.S.T. Act before the appellate authority. Filing writ petition before court will not able to solve the issue since they will not interfere […]

Profiteering’ charge upheld against Park Avenue product of Raymond: NAA

May 11, 2020 1125 Views 0 comment Print

Sh. Rahul Sharma Vs J.K. Helene Curtis Ltd. (NAA) The brief facts of the case are that the Standing Committee on Anti-profiteering vide its communication dated 11.03.2019 had requested the DGAP to conduct a detailed investigation as per Rule 129 (1) of the above Rules on the allegation that M/s Raymond Ltd. had not passed […]

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