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Suspension Of State Tax Officer For Delayed Report Unjustified When Authority Failed To Act In GST Fraud Case: Allahabad High Court
The Allahabad High Court has held that where loss is caused to the State, a State Tax Officer may not be suspended for mere delay in submitting a report. Justice Vikas Budhwar held that this would be especially impermissible in a case where the authority to act on the report in time chooses not to do so.He held that, despite the fact that the petitioner submitted the report with delay,...
Date Of Default For Guarantors Is When Guarantee Is Invoked, Not When Loan Turns NPA: NCLT Mumbai
The National Company Law Tribunal at Mumbai has recently held that the date of default for a personal guarantor starts from the date on which the guarantee is invoked, and not from the date on which the borrower's loan account is declared a non performing asset, adding that a notice issued under the SARFAESI Act may be considered for determining this date. A coram of Judicial Member K R...
Governor Can Reserve Bill Passed Again By Assembly For President's Assent : Supreme Court In Presidential Reference
In the opinion given in the Presidential Reference, the Supreme Court held that the Governor has the option of reserving a Bill, which has been re-enacted by the Legislature after being returned by the Governor in the first instance, for the President's assent.The Court said that the restriction as per the first proviso of Article 200 of the Constitution is on the Governor withholding the...
Wife's Belated Criminal Allegations Can't Outweigh Husband's Consistent Evidence Of Cruelty: Delhi High Court
The Delhi High Court has observed that a wife's belated criminal allegations cannot detract from or outweigh the husband's consistent evidence of sustained cruelty meted out to him.A division bench comprising Justice Anil Kshetarpal and Justice Renu Bhatnagar set aside a family court order dismissing the husband's petition for dissolution of marriage on the ground of cruelty by wife. It was...
GST Authorities Cannot Assume Jurisdiction For Passing Adverse Orders For Work Concluded Under VAT Regime: Allahabad High Court
The Allahabad High Court has held that GST Authorities cannot claim jurisdiction for levying tax, penalty, and interest on work that was concluded prior to the implementation of the GST Act. Notices were issued to the petitioner, a work contractor, for the Financial Year 2018-19 under the GST Act. The petitioner was unable to reply to the notices in time. Consequently, an ex-parte...
Bombay High Court Grants Fresh Relief To Nova Cream, Orders Rival To Cease Using Disputed Packaging
The Bombay High Court has pulled up RV Pharmaceuticals, manufacturers of Moon cosmetics, for allegedly violating injunctions that had stopped it from using packaging said to imitate the dark green and black trade dress of the Nova cosmetic brand, granting fresh ad-interim relief to ensure the company does not continue using the disputed packaging.Justice Arif S Doctor passed the order on...
Police Superintendent Not Liable For IO's Negligence In Not Filing Chargesheet/ Closure Report In Time: Madras High Court
The Madras High Court recently observed that the Superintendent of Police could not be held responsible for the negligence shown by investigating officers in not filing final reports or closure reports before the court on time. The bench of Justice N Sathish Kumar and Justice M Jothiraman held that though the Superintendent of Police had the responsibility to monitor the investigation,...
Supreme Court Stays Haryana Police Investigation Against Advocate In Murder Case
The Supreme Court today stayed the investigation by the Haryana Police Special Task Force (STF) against an advocate in connection with a murder case. The Court also confirmed his interim bail.The bench comprising Chief Justice of India BR Gavai and Justice K Vinod Chandran was hearing a writ petition filed by Advocate Vikram Singh challenging his arrest and remand in the case. The...
GST Department To Re-Inspect Changed Place Of Business Before GST Registration Cancellation: Delhi High Court
The Delhi High Court, in a matter concerning retrospective cancellation of registration despite having amended place of business, directed “The GST Department may re-inspect the new premises of the Petitioner and obtain a physical inspection report.” The Division Bench, comprising Justice Prathiba M. Singh and Justice Shail Jain stated that the officials of the GST Department...
CGST Act | Bombay High Court Stays GST Demand Order Over Delayed Service Of Showcause Notice
The Bombay High Court granted ad-interim relief to the assessee by staying the operation of a GST Demand Order The Bench of Justice B.P. Colabawalla & Amit S. Jamsandekar was hearing a writ preferred by the assessee seeking to quash the GST demand order challenging the Show Case Notice to be time barred per Section 73(2) and 73(10) of the Central Goods and Services Tax (CGST)...
'Identification In Court Highly Suspect': HP High Court Discharges Two Accused In 2006 Liquor Seizure Case
The Himachal Pradesh High Court has held that lapse in establishing the identity of the accused creates a serious discrepancy in criminal cases, especially in the absence of any independent witness to confirm such identification. Justice Rakesh Kainthla observed that:“It was specifically asserted in the rukka that the drivers of the vans ran away from the spot by taking advantage...