News Updates
Company Has To Be Proceeded Against By Giving An Opportunity To Be Heard Where It Has Also Been Accused, No Liability Only Qua Private Persons: Delhi HC
The Delhi High Court has observed that in a case where the Company has also been accused, the liability cannot be said to have been arisen only qua the private person and that the Company has to be proceeded against legally by giving it an opportunity to be heard.Justice Chandra Dhari Singh added that the liability of a private person, in his capacity of a Director or any other authority to...
CHA Has No Reason To Doubt Any Malpractice Or Attempt Of Export Of Prohibited Goods, No Case Of Abetment Made Out: CESTAT
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Anil Choudhary (Judicial Member) held that the Customs House Agent (CHA) had no reason to doubt any malpractice and attempted export of prohibited goods. Accordingly, no case of abetment has been made out against the CHA.M/s All Craft Exports, filed a shipping bill intending to export 320 Nos....
Death Of BJP Youth Wing Leader: Calcutta HC Takes On Record Post-Mortem Report Which Indicates Death By Hanging, Probe To Be Continued By State Police
The Calcutta High Court on Tuesday took on record the post-mortem examination report pertaining to the death of Bharatiya Janata Party (BJP) West Bengal youth leader Arjun Chowrasia who was found hanging inside a building in North Kolkata's Ghosh Bagan area. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was adjudicating upon a Public Interest Litigation...
Awadh Bar Association & Allahabad HCBA Oppose New System Of Case Listing At High Court, To Boycott Judicial Work Today
The Awadh Bar Association at Lucknow and the Allahabad High Court Bar Association at Prayagraj have decided to boycott/abstain from judicial work at Allahabad High Court today so as to register their protest against the new system related to the listing of cases in the High Court.The Executive Committee of the Oudh Bar Association met yesterday and deliberated upon the problems faced by...
Liquidated Damages Does Not Attract Service Tax: CESTAT Hyderabad
The Hyderabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has ruled that receipt of liquidated damages by the service provider for breach of conditions under an agreement to provide services would not attract Service Tax. The Bench, consisting of members P.K. Choudhary (Judicial Member) and P.V. Subba Rao (Technical Member), held that claim...
No Conflict Between Power To Levy GST And Power Of Municipal Corporation To Levy Advertisement Fee Or Advertisement Tax: Karnataka High Court
The Karnataka High Court bench of Justice Suraj Govindraj held that there is no conflict between the power to levy GST under the GST Act and the power of a municipal corporation to levy an advertisement fee or advertisement tax under Section 134 of the Karnataka Municipal Corporations Act.The petitioner, Hubballi Dharwad Advertisers Association, is a registered association of...
The Entry In Revenue Records Isn't Conclusive Evidence of Possession: Jharkhand High Court
The Jharkhand High Court has recently observed that the entry in revenue records is not conclusive evidence of possession. Referring to Uttam Chand v. Nathu Ram, Gautam Kumar Chaudhary noted that, "As stated earlier any entry obtained on the basis of the agreement to sell that has never been produced before the court for judicial scrutiny cannot be considered as evidence of possession....
High Court Extends Time Given To Delhi Govt For Filing Response Regarding Functioning Of Waqf Board, Release Of Its Grant In Aid
The Delhi High Court has extended the time given to Delhi Government for filing a status report regarding the functioning of the Delhi Wakf Board and release of its grant-in-aid.The development came after Justice Pratibha M Singh had in February granted time till April 27 for filing of the status report in the matter after noting that the Delhi Wakf Board was facing various constraints in...
Every Lawyer Appearing For Client Has A Right Of Fair Hearing Irrespective Of Who The Complainant Is: Delhi High Court
"Every lawyer, who appears for his client, has a right of fair hearing, irrespective of who the complainant is," the Delhi High Court has recently observed recently.Justice Talwant Singh was dealing with a plea filed by seven accused persons seeking anticipatory bail directly in the High Court after claiming that since the complainant was an advocate, a fair hearing before the District Court...
Bail Amount Can Be Paid By Cash Ledger, Debit Ledger Of ITC: Delhi High Court Refuses To Cancel Bail Of A Person Accused of Fraudulently Availing ITC
The Delhi High Court bench of Justice Mukta Gupta has ruled that the bail amount can be paid by cash ledger and debit ledger of the Input Tax Credit (ITC). It has been alleged by the department that the petitioner is one of the directors/key persons in M/s Brilliant Metals Pvt. Ltd., M/s Progressive Alloys India Pvt. Ltd. and M/s JBN Impex Pvt. Ltd. and allegedly the mastermind...
Foreign Origin Gold Bar With Unexplained Source Is Liable For Absolute Confiscation As It amounts To Importation Of Prohibited Goods: CESTAT
The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of P.Dinesha (Judicial Member), while remanding the matter back, held that the gold bar with a foreign marking, the source of which is not explained, is liable for absolute confiscation since the same would amount to the importation of a prohibited good. A specific intelligence was gathered...
NEET BDS 2021: Supreme Court Agrees To Hear Plea Against Centre's Decision To Not Reduce Cut-Off Percentile
BDS aspirants have again approached the Supreme Court challenging the Ministry of Health and Family Welfare's notice dated May 7 of refusing to lower the percentile for qualification of NEET BDS Course for the academic session 2021-2022. On Monday, Senior Advocate Paramjit Singh Patwalia, to seek urgent listing of the plea, mentioned the matter before the bench of Justice...