Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
A suit by an unregistered partnership firm was maintainable because the claim arose from non-gratuitous supply of goods, not from enforcement of a contractual right, so the bar under Section 69(2) of the Partnership Act did not apply. The court held that Section 70 of the Contract Act was satisfied: the goods were lawfully delivered, the defendant retained the benefit, and no agreement existed on essential terms such as price or credit, making the claim one for quantum meruit. The court also rejected objections to summary procedure and statement of truth, and accepted the invoices, e-way bills and GST records as proof of supply. The principal claim was decreed in full with simple interest at 9% per annum from the date of plaint till realisation.
A suit by an unregistered partnership firm was maintainable because the claim arose from non-gratuitous supply of goods, not from enforcement of a contractual right, so the bar under Section 69(2) of the Partnership Act did not apply. The court held that Section 70 of the Contract Act was satisfied: the goods were lawfully delivered, the defendant retained the benefit, and no agreement existed on essential terms such as price or credit, making the claim one for quantum meruit. The court also rejected objections to summary procedure and statement of truth, and accepted the invoices, e-way bills and GST records as proof of supply. The principal claim was decreed in full with simple interest at 9% per annum from the date of plaint till realisation.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4816 
Join Channel 
