GST Dept. Should Issue DRC-1 Notice, Grant Fair Opportunity Of Hearing Before Passing Assessment Order: Madras High Court

The Madras High Court has held that the DRC-01 notice under Section 74(1) of the CGST Act must be issued before passing the assessment order. The single bench of Justice R. Suresh Kumar has remitted the after back to the respondent/department for reconsideration and directed that the department to issue DRC-01 notice to the petitioner and after giving a fair opportunity of being heard...

Kunal Kamra's News Statements Against Supreme Court Be Produced In Ongoing Contempt Proceedings, Attorney General Suggests

Replying to a letter seeking consent to initiate contempt action against Kunal Kamra for his recent remarks against the Supreme Court, Attorney General for India KK Venugopal suggested that Kamra's fresh statements be placed on record before the SC in the ongoing contempt proceedings against him.The AG was replying to a letter written by lawyer Shashank Shekhar Jha seeking consent to...

Poor Quality 'Oflovis' Drug Supplied By Himachal Based Pharma Firm: Chennai Court Imposes ₹1.2L Fine On Partners

A Chennai Court has found the partners of Himachal based Quixotic Health Care guilty of supplying poor quality variants of the drug 'Oflovis', thereby contravening Sections 18(a) and 18(B) of Drugs and Cosmetics Act, 1940.Before the XV Metropolitan Magistrate, Georgetown, three of the pharmaceutical firm's partners had pleaded guilty and filed guilty memo. It is pertinent to note that the...

Allahabad High Court Grants Bail To MP Azam Khan In Case Over His Alleged Remarks Against RSS, BJP

The Allahabad High Court on Tuesday granted bail to the Senior Samajwadi Party leader and a Member Of Parliament, Azam Khan in connection with a case registered against him for allegedly making derogatory statements against BJP, RSS by way of misusing his official letterhead and seal as a UP Minister.Noting that Khan has been in jail since February 2020, a charge-sheet has been submitted...

Employee In Transferable Job Has No Vested Right To Remain Posted At One Place, Courts Should Not Readily Interfere With Transfer Order: Delhi HC

Emphasizing that an employee in a transferable job has no vested right to remain posted at one place, the Delhi High Court has said that Courts should not readily interfere with the transfer order which is made in the public interest and for administrative reasons, unless the transfer order is made in violation of any mandatory statutory rule or on the ground of mala fide.A division...

Calcutta HC Seeks Personal Appearance Of Doctor On The Basis Of Whose Medial Certificate Former Advisor Of WBSSC Had Declined Appearance In Teacher Recruitment Scam Case

The Calcutta High Court on Wednesday sought the personal appearance of a doctor on the basis of whose medical certificate the former advisor of the West Bengal Central School Service Commission Prof. Santi Prasad Sinha had sought the Court's leave to not appear before it despite a prior direction to this effect. The Court was adjudicating upon a plea alleging illegal appointment of...

First Version Of The Story Reliable; Exaggeration May Occur With Passage of Time: Gujarat High Court

"In normal circumstances, we believe that, the first version is showing the true story of the complaint. If the version is changed at the time of deposition, it means there may be exaggeration in the version by passage of time," the Gujarat High Court has opined in connection with a challenge to the acquittal order of the Sessions Court. It was the Complainant's case that...

Supreme Court To Commemorate First Ever 'International Day Of Women Judges' On 10 March, 2022

The Supreme Court will commemorate the first ever 'International Day of Women Judges' tomorrow(March 10). The special programme organised by Supreme Court Registry, shall be held on 10 March, 2022 through online mode.The event is organised in furtherance of a United Nations General Assembly resolution which had resolved on 28 April, 2021 to proclaim 10 March of each year as the 'International...

"Follow Natural Justice Principles Contemplated U/S 75(4) CGST/ UPGST Act": Allahabad HC Directs UP Assessing Authorities

The Allahabad High Court has directed the Proper Officers/Assessing Authorities in the State of Uttar Pradesh to follow the principles of natural justice as contemplated under Section 75(4) of the Central Goods and Services Tax, 2017/ U.P. Goods and Services Tax, 2017.The Bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji observed thus in a Tax Writ filed by Bharat Mint...

Failure Of The Dealer To Attend Assessment Proceedings, No Violation Of Principles Of Natural Justice: Kerala High Court

The Kerala High Court has held that failure of a dealer to attend assessment proceedings cannot be regarded as the violation of principles of natural justice. The single bench of Justice Bechu Kurian Thomas has observed that petitioner/dealer was granted sufficient opportunity to contest the assessment proceedings and the failure to do so cannot be regarded as a violation of...

Owner Of Vehicle Not Vicariously Liable For Any Misdeclaration By Owner Of Goods: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that the owner of the vehicle who is seeking only release of the vehicle is not liable to pay fine for the confiscated goods.The division bench of Justice Ajay Tewari and Pankaj Jain has observed that to force the owner of the vehicle to pay the tax, penalty and fine on the goods would mean that the owner of the vehicle is also foisted with...

Himachal Pradesh State Legal Services Authority To Organise National Lok Adalat On 12th March

A National Lok Adalat shall be organised in all the Courts in the State of Himachal Pradesh on 12th March 2022. The press note released by Himachal Pradesh State Legal Services Authority states that for the purpose of settlement before National Lok Adalat, so far, 32,526 matters have been identified out of which 10,664 are Pre-Litigation matters, 21,862 are Post-Litigation matters. "These...