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Bombay High Court Quashes GST Attachment Order for Violation of Natural Justice — Provisional Attachment Under Section 83 of MGST Act Set Aside as No Prior Notice or Hearing Given

The petitioner, Prasanna Karunakar Shetty, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challengi...

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Bombay High Court Dismisses Petition Challenging Validity of Section 55 of MVAT (Levy and Amendment) Act, 2005 — Purchase Tax on Sugarcane Upheld. Repeal Provision Deleted Before MVAT Act Came Into Force, So Sugarcane Purchase Tax Act Continues.

The petitioner, M/s Vithal Sugar Manufacturing Ltd., a company incorporated under the Companies Act, 1956, filed a writ petition under Article 226 of ...

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Bombay High Court Quashes Clarification in Direct Tax Vivad se Vishwas Act, 2020 — Circular No.21/2020 Held Ultra Vires. The clarification requiring withdrawal of appeal as a condition for filing declaration under the Act was struck down as arbitrary and violative of Article 14.

The petitioner, Macrotech Developers Limited, a public limited company engaged in real estate, filed a writ petition under Article 226 challenging a c...

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High Court of Karnataka Allows Writ Petition Seeking Refund of Pre-deposit in VAT Matter — Mandamus Issued for Release of Rs. 16,11,19,226/- and Interest on Delayed Refund. Petitioner entitled to refund of pre-deposit amount with interest under Article 226 of the Constitution of India.

The petitioner, M/s. Flipkart India Private Limited, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus d...

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Bombay High Court Quashes Customs Demand Against Ex-Director for Company Dues — No Personal Liability Without Statutory Provision. Section 142(1)(c)(ii) of Customs Act, 1962 does not authorise recovery from a former director who ceased to be associated with the company before the demand.

The petitioner, Purshottam Das Gupta, an 86-year-old senior citizen, was formerly a director of Sujata Verbatim Limited (later renamed PDG Infotech Li...

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Bombay High Court Allows Writ Petition Quashing Attachment Notices Against Third-Party Purchaser for Excise Dues of Defaulter. Central Excise Cannot Attach Property Sold Prior to Creation of Dues Without Notice to Purchaser Under Section 11 of Central Excise Act, 1944.

The Petitioner, M/s Runwal Constructions, a partnership firm registered under the Indian Partnership Act, 1932, engaged in construction and developmen...