Supreme Court Dismisses UP Govt.'s Appeal Against Allahabad HC Order Quashing Demand Of Rs. 235.52 Crores Against VIVO
1 year, 2 months ago

Supreme Court Dismisses UP Govt.'s Appeal Against Allahabad HC Order Quashing Demand Of Rs. 235.52 Crores Against VIVO

Live Law  

On Thursday, the Supreme Court dismissed a Special Leave Petition filed by the State of Uttar Pradesh against the order of the Allahabad High Court quashing the demand of Rs. 235.52 Crores raised against Vivo Mobile India Private Limited raised by GST Authorities vide order under Section 74 of the Goods and Service Tax Act 2017. While granting relief to Vivo, the Allahabad High Court had held that Input Tax Credit is a substantive right granted to the assesee under Section 16 of the GST Act. Allowing the writ petition filed by Vivo, the High Court directed the respondents to return the entire amount along with interest @ 6% on the amount of excess recovery of Rs.

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History of this topic

Madras High Court imposes costs of ₹5 lakh on T.N. govt; orders payment of ₹2.5 lakh to sanitary worker
1 week, 6 days ago

Madras High Court imposes costs of ₹5 lakh on T.N. govt; orders payment of ₹2.5 lakh to sanitary worker

The Hindu  

The Madras High Court has imposed costs of ₹5 lakh on the Tamil Nadu government for having filed an “unnecessary” writ appeal against a single judge’s order, to approve the appointment of a sanitary worker, though the issue was not res integra and had been taken up to the Supreme Court in another case. Third Division Bench of Justices R. …

AP seeks dismissal of Margadarsi's petition; Telangana remains neutral
1 month, 2 weeks ago

AP seeks dismissal of Margadarsi's petition; Telangana remains neutral

New Indian Express  

HYDERABAD: Andhra Pradesh and Telangana have taken divergent stands on the continuation of criminal proceedings against Margadarsi Financiers and the late Ch. Following the Telangana High Court’s directive to both states to submit their stance on the matter, AP urged the court to dismiss the criminal petition filed by Margadarsi seeking quashing of the criminal proceedings against it and adjudicate …

Allahabad High Court Rejects Protection Plea Of Married Individuals In Inter-Faith Live-In Relationship With ₹50K Cost
2 months, 1 week ago

Allahabad High Court Rejects Protection Plea Of Married Individuals In Inter-Faith Live-In Relationship With ₹50K Cost

Live Law  

The Allahabad High Court recently dismissed a protection plea filed by a married woman, employed in the police department and currently on childcare leave, along with her live-in partner, who is also married to another woman and a father of a 12-year-old child, while imposing a cost of ₹50,000 on the petitioners. A bench of Justice Vinod Diwakar imposed this …

Bombay High Court Stays ₹4 Crore Penalty Imposed On Patanjali Ayurveda In Trademark Infringement Case
3 months ago

Bombay High Court Stays ₹4 Crore Penalty Imposed On Patanjali Ayurveda In Trademark Infringement Case

Live Law  

A division bench of the Bombay High Court has stayed the operation of a single judge's order against Patanjali Ayurved Ltd., which had ordered the company to pay an amount of Rs 4 crores for violating the Court's ad-interim order in relation to a trademark infringement case filed by Mangalam Organics Ltd. Patanjali filed an interim application challenging the single …

Supreme Court Sets Aside Allahabad HC's Imposition Of Rs.1 Lakh Cost On Advocate Mehmood Pracha, Expunges Adverse Remarks Made Against Him
3 months, 1 week ago

Supreme Court Sets Aside Allahabad HC's Imposition Of Rs.1 Lakh Cost On Advocate Mehmood Pracha, Expunges Adverse Remarks Made Against Him

Live Law  

The Supreme Court today set aside Allahabad High Court's imposition of Rs.1 lakh cost on Advocate Mehmood Pracha over a petition filed by him concerning videography during the electoral process. Personal remarks made against the counsel in the impugned High Court order were also expunged.A bench of Justices Surya Kant and Manmohan passed the order, upon Election Commission of India …

Appeal Cannot Be Dismissed As Not Maintainable On Account Of Non-Payment Of Requisite Fee: Punjab and Haryana High Court
3 months, 1 week ago

Appeal Cannot Be Dismissed As Not Maintainable On Account Of Non-Payment Of Requisite Fee: Punjab and Haryana High Court

Live Law  

The Punjab and Haryana High Court stated that appeal cannot be dismissed as not maintainable on account of non-payment of requisite fee. The Division Bench consisting of Justices Sanjeev Prakash Sharma and Sanjay Vashisth was considering a case where the Appellate Authority dismissed the appeal as not maintainable on the ground that the assessee/petitioner had failed to pay Rs. The …

Supreme Court Weekly Round-Up (12 August-17 August, 2024)
7 months ago

Supreme Court Weekly Round-Up (12 August-17 August, 2024)

Live Law  

Live Law has got you covered with all the latest updates of this last week. Supreme Court Dismisses Himachal Pradesh Govt's Appeal Against HC Decision Quashing Illegal Land Acquisition Case details: State of Himachal Pradesh & Ors v. Balbir Singh & Anr, Diary No. Supreme Court Dismisses ED's Plea Against HC Order Allowing NDTV To Seek Compounding Of Alleged FEMA …

Supreme Court Monthly Digest April 2024
9 months, 2 weeks ago

Supreme Court Monthly Digest April 2024

Live Law  

Citations 2024 LiveLaw 269 to 2024 LiveLaw 339 Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. Shivani Tyagi v. State of U.P., 2024 LiveLaw 333 Section 439 and National Investigation Agency Act, 2008; Section 21 – Jurisdiction of High Court to entertain Bail application – The jurisdiction …

HC Orders Release of Vehicle in Criminal Case
9 months, 3 weeks ago

HC Orders Release of Vehicle in Criminal Case

Deccan Chronicle  

Hyderabad: Justice C.V. Bhaskar Reddy of the Telangana High Court ordered the release of a vehicle alleged to have been involved in the kidnapping of a tribal person. The High Court, allowing the criminal petition, directed the release of the vehicle subject to the petitioner executing a personal bond for Rs 2 lakh. HC clears GST reimbursement Justice S. Nanda …

Indirect Tax Cases Weekly Round-Up: 25 February To 3 March 2024
1 year ago

Indirect Tax Cases Weekly Round-Up: 25 February To 3 March 2024

Live Law  

Delhi High Court Case Title: Apshara Garments Pvt. Bombay High Court Case Title: Shri Yogesh Rajendra Mehra Versus Principal Commissioner CGST & Central Excise Raigad The Bombay High Court has held that any deficiency in filing the appeal or application, like failure to file physical documents, cannot cause the appeal, which was registered on the online portal within the prescribed …

GST | Circular Does Not Override Statutory Provisions: Allahabad High Court Quashes Demand Of Rs. 235 Crores Against Vivo Mobile
1 year, 5 months ago

GST | Circular Does Not Override Statutory Provisions: Allahabad High Court Quashes Demand Of Rs. 235 Crores Against Vivo Mobile

Live Law  

The Allahabad High Court has quashed demand of Rs. If the law were to be read otherwise, i.e., that the ITC claim may never arise unless the tax is first paid then, the second proviso to section 16 itself would be rendered otiose.” Further, placing reliance on Union of India v. Bharti Airtel Ltd. and Others, wherein the Supreme Court …

Allahabad High Court Sets Aside Non-Speaking Order Cancelling GST Registration, Says Reason Is 'Heart Beat' Of Every Conclusion
1 year, 5 months ago

Allahabad High Court Sets Aside Non-Speaking Order Cancelling GST Registration, Says Reason Is 'Heart Beat' Of Every Conclusion

Live Law  

The Allahabad High Court has held that any order devoid of reasons will become lifeless as reasons are the heartbeat of every order. Placing reliance on the decision of the Supreme Court in The Secretary & Curator, Victoria Memorial v. Howrah Ganatantrik Nagrik Samity and ors., the Court held that an order without valid reasons cannot be sustained. Whether or …

‘Reasons Are Heart And Soul Of Any Judicial And Administrative Order’: Allahabad HC Quashes Unreasoned Order Of GST Registration Cancellation
1 year, 5 months ago

‘Reasons Are Heart And Soul Of Any Judicial And Administrative Order’: Allahabad HC Quashes Unreasoned Order Of GST Registration Cancellation

Live Law  

While setting aside order cancelling GST registration of assesee on grounds that it was unreasoned, the Allahabad High Court has held that ‘reasons are heart and soul’ of any order. In absence of the same the order cannot be justified in the eye of law.” Reliance was placed on the judgments of the Allahabad High Court in Om Prakash Mishra …

Supreme Court Issues Notice On Plea Challenging Allahabad HC Order On Section 9 Of Motor Vehicles Rules
3 years, 7 months ago

Supreme Court Issues Notice On Plea Challenging Allahabad HC Order On Section 9 Of Motor Vehicles Rules

Live Law  

The Supreme Court on Thursday issued notice on a Special Leave Petition challenging the final order passed by the Allahabad High Court wherein the High Court had failed to appreciate that an identical legal issue involving the interpretation of Rule 9 of the Motor Vehicles Rules, 1989 was already pending consideration before the Supreme Court challenging the final order passed …

Allahabad HC Stops Establishment Of GST Appellate Tribunal In UP Without Court's Permission
4 years ago

Allahabad HC Stops Establishment Of GST Appellate Tribunal In UP Without Court's Permission

Live Law  

The Lucknow Bench of the Allahabad High Court on Thursday restrained the Central Government from establishing the GST Appellate Tribunal in the State of UP without Court's permission. Background The matter finds its genesis from various conflicting orders passed by the High Court at Allahabad and that at Lucknow, for establishment of the GST Appellate Tribunal in the respective cities. …

Allahabad High Court Imposes 3 Lakh Cost On A Petitioner For Repeatedly Filing Petitions Agitating Same Cause Of Action
4 years, 1 month ago

Allahabad High Court Imposes 3 Lakh Cost On A Petitioner For Repeatedly Filing Petitions Agitating Same Cause Of Action

Live Law  

The Allahabad High Court recently imposed an extraordinary cost of Rs. 3 lakh on a former Gram Sabha Pradhan for repeatedly approaching the Court with the same cause of action, despite several dismissals. 1 Lakh Costs On Petitioner For Resuscitating Same Cause In Repeated Proceedings Background The Petitioner had first approached the High Court in Writ-C No. "In case the …

'Abuse Of Process' : Karnataka High Court Dismisses Petition Seeking Criminal Action Against Azim Premji Under RBI Act
4 years, 2 months ago

'Abuse Of Process' : Karnataka High Court Dismisses Petition Seeking Criminal Action Against Azim Premji Under RBI Act

Live Law  

The Karnataka High Court has dismissed a petition filed by a not for profit company named "India Awake for Transparency", challenging an order of the magistrate court dismissing its private complaint seeking directions to Reserve Bank of India to register a case against Wipro founder Azim Premji and others under the Reserve Bank of India Act. Further, it was said …

Delhi High Court Seeks Response From CBIC On Airtel's Plea For Refund Of Excess GST Worth Rs. 923 Crores
4 years, 3 months ago

Delhi High Court Seeks Response From CBIC On Airtel's Plea For Refund Of Excess GST Worth Rs. 923 Crores

Live Law  

The Delhi High Court on Wednesday sought a reply from the Central Board of Indirect Taxes and Customs on Bharti Airtel's plea claiming non-implementation of the Delhi High Court's order allowing rectification of excess GST worth Rs.923 crores paid by it for the period between July-September 2017. Citing 'great financial strain' telecom major Bharti Airtel moved the Court seeking implementation …

Allahabad High Court Refuses To Grant Stay On Seeking Encashment Of Bank Guarantee [Read Order]
4 years, 6 months ago

Allahabad High Court Refuses To Grant Stay On Seeking Encashment Of Bank Guarantee [Read Order]

Live Law  

The Hon'ble High Court of Allahabad it its decision on 28th August 2020 in M/S Cg Power & Industrial Solutions Ltd. Thru. Power Transmission Corporation Ltd from seeking extension and/or encashment of the Bank Guarantee withheld on account of non-payment of statutory dues towards the labour cess by Cg Power & Industrial Solutions Ltd. The Petitioner sought relief from the …

Bombay HC Imposes Rs.50,000 Cost On A Doctor From Aurangabad For Video-Recording Court Proceedings [Read Order]
5 years, 6 months ago

Bombay HC Imposes Rs.50,000 Cost On A Doctor From Aurangabad For Video-Recording Court Proceedings [Read Order]

Live Law  

The Bombay High Court recently imposed a cost of Rs.50,000 on Dr.Vikram Deshmukh and seized his mobile phone along with his Aadhar card after the court clerk saw him making a video of proceedings and told the sheristedar. The person recording the proceedings was identified as Dr.Vikram Deshmukh and once his phone was examined and it was confirmed that he …

Bombay HC Imposes Cost Of Rs.25,000 On Petitioner Challenging Municipal Tax On Mobile Towers, Dismisses Petition [Read Judgment]
5 years, 11 months ago

Bombay HC Imposes Cost Of Rs.25,000 On Petitioner Challenging Municipal Tax On Mobile Towers, Dismisses Petition [Read Judgment]

Live Law  

The Bombay High Court recently imposed a cost of Rs.25,000 on GTL Infrastructure Limited, a petitioner challenging demand notices issued with respect to municipal taxes on mobile towers.Justice RK Deshpande and Justice SM Modak of the Nagpur bench took exception to the fact that the petitioner was "fully aware" of the Supreme Court judgment that dealt with the same issue, …

Supreme Court Monthly Digest- March 2019
5 years, 11 months ago

Supreme Court Monthly Digest- March 2019

Live Law  

If Contempt Is In The Face Of Court, Judges Can Take Immediate Action Without Issuing Notice National Lawyers Campaign For Judicial Transparency and Reforms V. Union of India To hold Advocate Mathews Nedumpara guilty of contempt, the Supreme Court followed the dictum that when contempt is in the face of court, summary procedure can be followed to inflict punishment "then …

New TRAI Regime: Calcutta HC Vacates Stay, Kerala & Madras HCs Dismisses Challenge, Bombay & Telangana HCs Yet To Decide
6 years, 1 month ago

New TRAI Regime: Calcutta HC Vacates Stay, Kerala & Madras HCs Dismisses Challenge, Bombay & Telangana HCs Yet To Decide

Live Law  

The Calcutta High Court has vacated its stay on implementation of new tariff order and regulatory regime introduced by TRAI. "Basis for limiting the order was demonstrated as nonexistent since interim order of Kerala High Court perished with the writ petition as stood dismissed before 29th January, 2019. Existence of default clause, by itself, cannot be said to fetter the …

SC Order Saying I Agreed To Transfer Of Petitions From Bombay HC In Judge Loya Case Incorrect: Indira Jaising Informs SC
7 years, 1 month ago

SC Order Saying I Agreed To Transfer Of Petitions From Bombay HC In Judge Loya Case Incorrect: Indira Jaising Informs SC

Live Law  

In a tweet, Senior Advocate Indira Jaising has claimed that the Supreme Court has wrongly recorded in one of its recent orders that she agreed to transfer of the Petitions in Judge Loya case from the Bombay High Court to the Apex Court.“I mentioned that this should be corrected, I pointed out that page to my request to intervene is …

SC Order Saying I Agreed To Transfer Of Petitions From Bombay HC In Judge Loya Case Incorrect: Indira Jaising Informs SC
7 years, 1 month ago

SC Order Saying I Agreed To Transfer Of Petitions From Bombay HC In Judge Loya Case Incorrect: Indira Jaising Informs SC

Live Law  

In a tweet, Senior Advocate Indira Jaising has claimed that the Supreme Court has wrongly recorded in one of its recent orders that she agreed to transfer of the Petitions in Judge Loya case from the Bombay High Court to the Apex Court.“I mentioned that this should be corrected, I pointed out that page to my request to intervene is …

GST On Lawyers: SC Stays Further Proceedings In Petitions Pending Before Delhi And Chattisgarh High Courts [Read Petition & Order]
7 years, 1 month ago

GST On Lawyers: SC Stays Further Proceedings In Petitions Pending Before Delhi And Chattisgarh High Courts [Read Petition & Order]

Live Law  

Supreme Court on Monday stayed all further proceedings in petitions challenging the applicability of Goods and Service Tax on lawyers for their services individually or through law firms, pending before the Delhi High Court and Chattisgarh High Court.The Centre has approached the Supreme Court under Article 139A of the Constitution of India seeking the transfer the petitions submitting. Supreme Court …

GST On Lawyers: SC Stays Further Proceedings In Petitions Pending Before Delhi And Chattisgarh High Courts [Read Petition & Order]
7 years, 1 month ago

GST On Lawyers: SC Stays Further Proceedings In Petitions Pending Before Delhi And Chattisgarh High Courts [Read Petition & Order]

Live Law  

Supreme Court on Monday stayed all further proceedings in petitions challenging the applicability of Goods and Service Tax on lawyers for their services individually or through law firms, pending before the Delhi High Court and Chattisgarh High Court.The Centre has approached the Supreme Court under Article 139A of the Constitution of India seeking the transfer the petitions submitting. Supreme Court …

Delhi HC Refuses To Set Aside Circular Laying Down Conditions For Withdrawal In Weddings Post-Demonetisation [Read Order]
8 years, 3 months ago

Delhi HC Refuses To Set Aside Circular Laying Down Conditions For Withdrawal In Weddings Post-Demonetisation [Read Order]

Live Law  

Delhi High Court yesterday dismissed a petition seeking quashing of the RBI circular dated November 21. Apart from wedding invitation card, copies of receipts for advance payments already made, such as marriage hall booking, advance payments to caterers the circular makes it mandatory to submit “A detailed list of persons to whom the cash withdrawn is proposed to be paid, …

Rs 6 lakh crore deposited in banks, Centre tells Supreme Court
8 years, 3 months ago

Rs 6 lakh crore deposited in banks, Centre tells Supreme Court

Deccan Chronicle  

New Delhi: Even as the Centre asserted that there is no shortage of new currency and already Rs 6 lakh crore had been received as deposits in banks, the Supreme Court on Wednesday refused to stay all further proceedings on demonetisation of Rs 500 and Rs 1,000 notes, pending in various High Courts. Attorney General Mukul Rohatgi made this assertion …

Supreme Court to hear Nokia plea in tax dispute today
11 years ago

Supreme Court to hear Nokia plea in tax dispute today

Firstpost  

The Supreme Court is due to hear Nokia’s appeal challenging a Delhi High Court ruling over transfer of its mobile handset plant in the country to Microsoft amid a tax dispute, today. Nokia last month appealed to the Indian Supreme Court saying the Delhi High Court had imposed “new conditions” over transfer of the plant, after previously allowing it. Late …

Supreme Court to hear Airtel appeal in 3G case
11 years, 11 months ago

Supreme Court to hear Airtel appeal in 3G case

The Hindu  

The Supreme Court on Friday posted for hearing on Monday a special leave petition filed by Bharti Airtel challenging the Delhi High Court order directing it to stop its 3G services in cities where it had not obtained licence. On April 4, a Division Bench of the Delhi High Court vacated the stay granted by a single judge on an …

Supreme Court orders status quo on Rs.617 crore tax demand from Satyam
13 years, 11 months ago

Supreme Court orders status quo on Rs.617 crore tax demand from Satyam

The Hindu  

The Supreme Court on Wednesday directed the Central Board of Direct Taxes to maintain status quo over its demand of Rs. 617 crore in income tax from the scam-hit Satyam Computers till Friday and asked it to work out the company’s actual liability. A three judges Bench headed by the Chief Justice S. H. Kapadia directed CBDT to work out …

Supreme Court refuses to stay 3G spectrum auction
14 years, 11 months ago

Supreme Court refuses to stay 3G spectrum auction

The Hindu  

The Supreme Court on Thursday refused to stay at this stage a Delhi High Court judgment declining to interfere with the 3G spectrum and Broadband Wireless Access auction slated for Friday. Chauhan, without granting any immediate relief, posted the Special Leave Petition challenging the High Court judgment for hearing on April 16. You have no right to pray for stay …

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