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Judiciary

Revisional Jurisdiction cannot be invoked to reassess & reappreciate evidence on record: NCDRC

August 10, 2023 2385 Views 0 comment Print

In present facts of the case, it was held that the power of National Commission to review under section 21 of the Act is limited to cases where some prima facie error appears in the impugned order and where two interpretations of evidence are possible, concurrent findings based on evidence must be accepted and such findings cannot be substituted in revisional jurisdiction.

More beneficial clause under Insurance Policy shall be operational for Consumer: NCDRC

August 10, 2023 450 Views 0 comment Print

In present facts of the case, it was held that the Consumer was entitled to get his claim covered under the sub clause of the Insurance Policy which provides him a higher benefit.

Penalty not imposable as tax paid with interest before issuance of notice

August 10, 2023 2709 Views 0 comment Print

CESTAT Chandigarh held that imposition of penalty unjustified as tax paid along with interest before issuance of show cause notice.

CESTAT directs that service recipient is liable to include free supply materials in Gross value of works contract

August 9, 2023 825 Views 0 comment Print

The appellant at the outset submits that with effect from 01.06.2007, the new service namely Works Contract Service was made effective , classification of aforesaid service would undergone a change in case of long term contracts even though part of the service was classified under respective taxable service prior to 01.06.2007

HC se-aside Section 148A(b) notice not having name & designation of officer

August 9, 2023 2529 Views 0 comment Print

Delhi High Court quashes Section 148A(b) notice due to missing officer details in LSR Medical Pvt. Ltd. Vs DCIT case. Learn about the legal analysis and implications

Claim of ITC through GSTR-3B justified since Form GST ITC-02 was not live on common portal

August 9, 2023 5127 Views 0 comment Print

HC set aside demand raised on ground that assessee instead of passing ITC through Form GST ITC-02 transferred ITC through Form GSTR-3B and held that the stand of Revenue Department was not correct since Form ITC-02 was not live on common portal.

Can an Arbitration Tribunal Decide on a Fraudulent Agreement’s Validity?

August 9, 2023 1686 Views 0 comment Print

Explore the Avantha Holdings vs. CG Power case as Delhi High Court evaluates the arbitrability of disputes involving fraud allegations and an existing arbitration agreement.

No section 148 Notice can be Issued before expiry of Period For Issuing Section 143(2) Notice

August 9, 2023 7710 Views 2 comments Print

Explore the recent ITAT Dehradun judgment in Uttarakhand Poorv Sainik Kalyan Nigam Ltd. vs. ITO case, challenging AO’s premature jurisdiction assumption under section 148

ITAT direct AO to find Every Month’ Definition in Clause 38 of EPF Scheme from PF/ESI Authority

August 9, 2023 1398 Views 0 comment Print

ITAT Delhi restored the issue to the file of AO with the direction to find out from the relevant PF authorities and ESI authorities about the term ‘every month’ as mentioned in clause 38 of the employees provident fund scheme.

Notebook Computers Imported for Institutional Consumers assessable U/s. 4 on transaction value

August 9, 2023 303 Views 0 comment Print

CESTAT Chennai held notebook computers imported for sale to Rajiv Ghandhi University of Knowledge Technologies, Hyderabad (RGUKT) i.e. institutional consumer and not ultimate consumer is assessable under section 4 based on transaction value and not based on Retail Sale Place.

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