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Condition of furnishing bank guarantee or making pre-deposit of the tax under dispute at the time of granting bail for offence punishable under Section 132 of the CGST Act, is not valid

The Supreme Court set aside the condition of furnishing bank guarantee imposed by the High Court of Gujarat while granting bail to the appellant for alleged offence under Section 132 of the CGST Act. The Additional Solicitor General stated that such a condition cannot be imposed while granting bail. The Court reaffirmed its decision in…

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Novation in International Tax Treaties

Rashi Chopra Senior Associate, UBR Legal Advocates Vishwaranjan Associate, UBR Legal Advocates AbstractThe jurisprudential interpretation of the principle of novation in tax treaties and its procedural implications under domestic tax laws was critically analysed in the Delhi High Court’s decision in Sneh Lata Sawhney v. CIT [TS-592-HC-2025(DEL)] [1]. This judgment underscores the relevance of treaty…

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Cannon India Overruled?

Introduction  Even though God rules in the affairs of men, the earth is not God’s jurisdiction. It is man’s jurisdiction. This quote is apt to set the tone for this piece relating to the “jurisdiction” of the “proper officer” of DRI. It is a much-debated question. However, in my humble opinion, it is a self-inflicted…

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