Tax Cases Weekly Round-Up: 30 April to 6 May, 2023

Supreme Court Section 16-B Of Himachal Pradesh General Sales Tax Act Is Not Ultra Vires Any Provision Of Law: Supreme Court Reiterates Case Title: State of Himachal Pradesh & Ors. vs M/s A.J. Infrastructures Pvt Ltd & Anr. Citation : 2023 LiveLaw (SC) 366 The Supreme Court has ruled that Section 16-B of the Himachal Pradesh General Sales Tax Act, 1968 (HPGST...

Shraddha Walkar Case: Delhi Court Frames Charges Of Murder, Disappearance Of Evidence Against Aaftab Poonawalla

A Delhi Court on Tuesday framed charges against Aaftab Poonawalla in Shraddha Walkar murder case. Additional Sessions Judge Manisha Khurana of Saket Courts framed charges of murder and disappearance of evidence against Poonawalla.Poonawalla has pleaded not guilty and claimed trial in the case. Detailed order of framing of charges is awaited Aaftab Poonawalla allegedly killed his live-in...

NCLT Mumbai Initiates Insolvency Process Against Future Lifestyle Fashions, A Future Group Enterprise

The National Company Law Tribunal (“NCLT”), Mumbai Bench, comprising of Shri Kuldip Kumar Kareer (Judicial Member) and Shri Shyam Babu Gautam (Technical Member), while adjudicating a petition filed in Bank of India v Future Lifestyle Fashions Limited, has initiated Corporate Insolvency Resolution Process (“CIRP”) against Future Lifestyle Fashions Ltd., which is a Future...

Arbitration Cases Weekly Round-Up: April 30 To May 06, 2023

Bombay High Court: Invalidity Of Board Resolution Is A Procedural And Curable Defect, Cannot Lead To Rejection Of Claims And Termination Of Arbitral Proceedings: Bombay High Court Case Title: Palmview Investments Overseas Limited vs Ravi Arya The High Court of Bombay has held that any defect in the board resolution authorizing a person to initiate arbitration is only a...

Drishyam Vidhi | Audio-Video Mode Of Teaching And Learning Criminal Law Introduced At DNLU, Jabalpur

To bridge the gap between the Academics and Practice of Criminal Law, a new audio-video mode of teaching and learning Criminal Law called 'Drishyam Vidhi' has been introduced in Dharmashastra National Law University, Jabalpur. The idea was conceptualized by Madhya Pradesh High Court judge Justice Anand Pathak, who had earlier demonstrated this mode of learning at a limited scale in a Conference of Police Officers (for investigation purpose) and before the Civil Judges at State...

GSTN Notifies Deferment Of The Implementation Of Time Limit On Reporting Old E-Invoices

The Goods and Service Tax Network (GSTN) has notified the deferment of the implementation of a time limit on reporting old e-invoices.“It has been decided by the competent authority to defer the imposition of a time limit of 7 days on reporting old e-invoices on the e-invoice IRP portals for taxpayers with aggregate turnover greater than or equal to 100 crores by three months,” the...

12% GST Payable On Accommodation Building Located Outside The Boundary Of The Religious Place: AAR

The Ahmedabad Bench of the Authority of Advance Ruling (AAR) has ruled that GST is payable on accommodation buildings located outside the boundary of the religious place.The bench of Amit Kumar Mishra and Milind Kavatkar has observed that Nandini Ashram Trust is liable for GST registration in terms of Section 22 of the CGST Act, 2017, subject, however, to the threshold limit of his...

Departmental Action Demanding Service Tax At Visakhapatnam Unit Does Not Warranted Any Action In Kolkata Unit: CESTAT

The Kolkata Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that departmental action demanding service tax at the Visakhapatnam unit does not warrant any action in the Kolkata unit.The bench of P.K. Chaudhary (Judicial Member) and K. Anpazhakan (Technical Member) has observed that the Commissioner has rightly dropped the proceedings initiated against...

Bombay High Court Directs Dept. To Issue A Fresh Form-3 Under DTVSV After Giving Credit Of The Amount Paid Under The IDS

The Bombay High Court has held that the money lying in the corpus of the revenue had simply to be adjusted by way of a mathematical exercise and benefit accorded to the petitioner under the Direct Tax Vivad Se Vishwas Act, 2020 (DTVSV).The bench of Justice Dhiraj Singh Thakur and Justice Kamal Khata directed the department to issue a fresh Form-3 after giving the petitioner credit for the...

Gyanvapi 'Controversial' Remarks Case| Varanasi Court Again Issues Notice To Akhilesh Yadav, Asaduddin Owaisi In Revision Plea

A Varanasi court on Saturday once again issued a notice to the Samajwadi Party Chief Akhilesh Yadav and AIMIM Chief Asaduddin Owaisi in a revision plea seeking registration of criminal cases against them for allegedly making controversial remarks in relation to the Gyanvapi Mosque-Kashi Vishwanath Temple Dispute.Earlier, on March 28, the Court had issued them the notices, however, since no...

CBIC Issues Guidelines For Special All-India Drive Against Fake Registrations

The Central Board of Indirect Taxes and Customs (CBIC) has issued the guidelines for the Special All-India Drive against fake registrations.A Special All-India Drive may be launched by all Central and State Tax Administrations during the period May 16–July 15, 2023, to detect suspicious or fake GSTINs, conduct requisite verification, and take further remedial action to weed out these...

Department Has No Right To File Revision Application In Case Of Refund Of Service Tax On Export Of Services: CESTAT

The Mumbai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the department has no right to file a revision application in case of refund or rebate of service tax on the export of services since no such provision has been made for Revenue to file a revision application.The bench of S. K. Mohanty (Judicial Member) and M. M. Parthiban (Technical Member)...