Search Results for "retrospective demand"

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Bombay High Court Allows Promoter's Appeal in RERA Case, Holding That Acceptance of Delayed Possession Without Protest Does Not Waive Right to Interest Under Section 18 of RERA. Statutory Right to Interest Under RERA Cannot Be Waived by Mere Acceptance of Possession Without a Clear Agreement.

The case involves a Second Appeal filed by CCI Projects Private Limited (the promoter) against an order of the Maharashtra Real Estate Appellate Tribu...

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High Court Dismisses Manufacturer's Appeals in Central Excise Classification Dispute. Classification of Benzene and Toluene Based on Purity Under Central Excise Tariff Act, 1985 and Procedural Compliance Under Central Excise Rules, 1944 Were Upheld by Tribunal.

The appeals arose from a common order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) concerning classification and duty demands on...

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Bombay High Court Dismisses Writ Petition Challenging Show Cause Notice in GST Discount Case — No Interference at Pre-Adjudication Stage. Limitation and Retrospective Effect of Circular Can Be Raised Before Adjudicating Authority Under Section 74 of CGST Act, 2017.

The petitioner, Apollo Tyres Limited, challenged a show cause notice dated 2 August 2024 issued by the Additional Director, Directorate General of GST...

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Supreme Court Allows State Appeal in Compassionate Appointment Case — Amendment Not Retrospective. Unmarried Brother of Deceased Unmarried Female Government Servant Not Entitled to Appointment Under Pre-Amendment Rules.

The case concerns an appeal by the State of Karnataka against an order of the Karnataka High Court which upheld a decision of the Karnataka State Admi...

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Supreme Court Upholds Licensee in Excise License Cancellation Case Due to Inapplicability of Amended Rules. Liability Limited to Actual Loss with Credit for Departmental Management Fees Under Old Rule 13 of Abkari Shops Departmental Management Rules, 1972, as Contract Predated Amendment.

The dispute arose from the cancellation of a country liquor license by the State of Kerala. The respondent licensee had successfully bid for arrack sh...

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Supreme Court Allows Appeal in IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

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Bombay High Court Allows Appeals in Central Excise Cases Involving 100% EOU — Cenvat Credit on Inputs and Capital Goods Allowed Despite Procedural Lapses. Substantial compliance with Central Excise Rules, 2002 and Notification No. 22/2003-CE sufficient for entitlement to Cenvat credit.

The judgment concerns three Central Excise Appeals filed by Shri Dharampal Lalchand Chug and Shri Kamal Lalchand Chug, who are sole proprietors of 100...

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Bombay High Court Dismisses Petition Seeking Retrospective Promotion and Back Wages for Master's Post — Exoneration Does Not Automatically Entitle to Retrospective Promotion or Back Wages Without Specific Order.

The petitioner, Lt. Cdr. Alok Verma, filed a writ petition under Article 226 of the Constitution of India seeking a mandamus directing the Shipping Co...