News Updates
Amount Deposited Voluntarily During Investigation Can't Be Treated As Amount Towards Pre-Deposit: CESTAT
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the amount deposited voluntarily during an investigation cannot be treated as an amount towards the pre-deposit as it was not an amount deposited at the time of the filing of the appeal.The two-member bench of Justice Dilip Gupta (President) and P.V. Subba Rao (Technical Member) has observed...
Reassessment Notice Can't Be Challenged If Assessee Failed To Submit Crypto Currency Account Transactions: Rajasthan High Court
The Rajasthan High Court has held that the reassessment notice cannot be challenged if the assessee failed to submit crypto currency account transactions to the income tax department.The division bench of Justice Manindra Mohan Shrivastava and Justice Shubha Mehta held that bank transactions alone are not sufficient to verify the trade in crypto currency. The assessee ought to...
Paper Cess Is Not Includible In The Calculation Of Education Cess And Secondary & Higher Education Cess: CESTAT
The Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has ruled that Paper Cess is not includible in the calculation of Education Cess and Secondary & Higher Education Cess. The Bench of P.K. Choudhary (Judicial Member) held that though Cess on Paper is an excise duty, however, it is levied under the Industries (Development and Regulation)...
Supply Of Services For Plantation Of Mangrove Seeds And Seedlings In Coastal Areas Attracts 18% GST: AAR
The West Bengal Authority of Advance Ruling (AAR) has held that the supply of services for the plantation of mangrove seeds and seedlings in coastal areas would attract 18% GST.The two-member bench of Brajesh Kumar Singh and Joyjit Banik observed that no GST is payable on the supply of services for cultivation, planting and nurturing of fruit trees. The applicant is in the...
Delhi High Court Directs BCI To Constitute Special Teams For Conducting Surprise Visits To Law Colleges, Shut Those Lacking Minimum Infra
The Delhi High Court on Friday directed the Bar Council of India (BCI) to constitute special expert teams to conduct surprise visits of law colleges that lack minimum infrastructure and adequate facilities. Justice Chandra Dhari Singh added that the inspection reports of the law colleges shall be uploaded on its website, within one month of such inspection."If any colleges upon such...
ITC Refund Admissible If Output Supply Tax Rate Is Less Than Inputs Tax Rate: Telangana High Court
The Telangana High Court has held that refund of accumulated input tax credit (ITC) on account of inverted structure would be allowed if accumulation of ITC is on account of the rate of tax on output supply being less than the rate of tax on inputs (same goods) at the same point of time as per some concessional notification issued by the government providing for a lower rate of tax for...
No Malice Or Vendetta In Sanjay Raut's Arrest: ED Opposes Bail In Patra Chawl Case
There is no malice or vendetta in Shiv Sena MP Sanjay Raut's arrest, the Enforcement Directorate told a special court in its reply to the politician's bail application in the Patra Chawl money laundering scam.It is the ED's case that Guru Ashish Construction, a subsidiary of HDIL, in a tri-parte agreement with Maharashtra Housing and Area Development Authority (MHADA), had undertaken...
Kerala High Court Constitutes District Collector Led Committee To Resolve Issue Of Flooding In Kochi
The Kerala High Court, on Friday, directed the District Collector to convene a committee of all the stakeholders to resolve the issue of flooding in the city of Kochi.Justice Devan Ramachandran expressed his displeasure at the fact that despite various orders being issued by the Court, the City of Kochi was flooded due to heavy rainfall last month and observed that one agency alone "cannot...
Eight Law Students Move High Court Over Delayed Result By GLC Mumbai; Seek State Bar Enrolment, Admission To LLM
Eight students of Government Law College, Mumbai (GLC) affiliated with Mumbai University, have filed a writ petition before the Bombay High Court praying for declaration of their final semester results. The petition, filed through Advocate Ajinkya Udane, alleges that the petitioners' results were not declared along with the rest of the students. Another sixty-four students of the...
Covenanted Contractual Levies Cannot Be Undone By Govt Through Any Unilaterally Made Notification: Punjab & Haryana High Court
Punjab and Haryana High Court while dealing with writ petitions challenging a notification recently held that the statutory provisions of the Northern India Canal, and, Drainage Act, 1873 pertain only to occupiers of the apposite land using water for cultivating crops. Hence, it cannot apply to industrial units. In consequence, the covenanted contractual levies, as occur in the...
Breach Of Settlement Agreement Not A Ground To Trigger CIRP: NCLT Delhi Rejects Application For Revival Of Petition
The National Company Law Tribunal ("NCLT"), New Delhi Bench, comprising of Shri Dharminder Singh (Judicial Member) and Shri L.N. Gupta (Technical Member), while adjudicating an application filed in Bajaj Rubber Company Pvt. Ltd. v Saraswati Timber Pvt. Ltd., has declined to revive a petition filed under Section 9 of IBC, which was earlier withdrawn due to Settlement Agreement being...
Kashmir Remark Row: Delhi Court Accepts Media's Apology For Incorrect Reporting Against Kerala MLA KT Jaleel, Advises Caution
Reminding the media of its "onerous duty of responsible reporting", a Delhi Court today accepted the apology tendered by various media persons for incorrect reporting about summoning of Kerala MLA K.T. Jaleel over his remarks made on Kashmir on social media platform Facebook a couple of months ago. Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal of Rouse Avenue Courts, who...