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Reliance on a judgment later overturned does not constitute suppression of facts

July 11, 2023 2508 Views 0 comment Print

In the case of Commissioner, Central Excise and Customs and Another vs Reliance Industries Ltd., Supreme Court of India held that reliance on a judgment later overturned does not constitute suppression of facts.

Venture of Indian Railways is a deemed railway company- not exigible to service tax

July 10, 2023 1290 Views 0 comment Print

CESTAT Mumbai, in the case of Konkan Railway Corporation Limited v. Commissioner of Service Tax, ruled that the appellant, being a deemed railway company under the Indian Railways Act, is exempt from service tax liability. Gain insights into the ruling and its implications.

Bombay High Court Sets Time Limit for GST Tribunal Appeals

July 9, 2023 3564 Views 0 comment Print

Bombay High Court addressed the issue of the time limit for filing appeals to the tribunal. The court held that the appeal must be made within three months from the date of constitution of the Appellate Tribunal.

Bombay HC Allows Petitioner’s Advocate during GST Statement Recording

July 9, 2023 1449 Views 0 comment Print

HC addressed the issue of the petitioner’s advocate’s presence during the recording of the petitioner’s statement. The court concluded that while the petitioner’s advocate can be present, they must maintain a visible distance without being within audible range.

Rejection of Appeal is invalid if vehicle breaks down and new e-way bill prepared post interception

July 7, 2023 1518 Views 0 comment Print

HC set aside the order passed by the Appellate Authority and remanded back the matter to Appellate Authority to pass a fresh speaking order after giving petitioners an opportunity of being heard, as the assessee had duly prepared the e-way bill within 3 minutes of the interception of the vehicle.

GST: Provisional attachment of bank account is to be lifted up after one year

July 7, 2023 2037 Views 0 comment Print

Discover the impact of the Hon’ble Bombay High Court’s ruling on the provisional attachment of bank accounts under GST. Learn about the one-year validity period and the importance of complying with Section 83 of the CGST Act. Stay informed to protect your interests.

Taxpayer should not suffer due to a supplier’s error in GST reporting: HC

July 6, 2023 10680 Views 1 comment Print

In a significant judgement by the Madhya Pradesh High Court, the rights of taxpayers to claim input tax credit under the GST system were reinforced. In the case of Agrawal And Brothers vs Union Of India, the court ruled that the taxpayer should not suffer due to a supplier’s error in GST reporting.

Absence of Email Access is Valid Ground for Condonation of Delay

July 6, 2023 2760 Views 0 comment Print

Explore the significant ruling by ITAT Delhi in the case of Mohammad Saleem Vs ITO, stating that the Assessing Officer cannot perform a second assessment on the same issue within the same assessment year.

HC lifts Provisional Attachment, assessee agrees to pay GST liability in installments

July 6, 2023 1173 Views 0 comment Print

Explore the notable case of Nirajkumar Nareshkumar Lakhyani v. State of Gujarat (SCA No. 6777 of 2023) in which the Gujarat High Court has overturned the Adjudicating Authority’s ruling. The judgement allows the assessee to meet tax obligations in installments, effectively lifting the provisional attachment of their bank account. Learn more about this landmark tax case and its significant implications.

No GST to be charged from State government being not a recipient under GST

July 6, 2023 2856 Views 0 comment Print

Comprehensive discussion on ruling of GST AAR West Bengal on applicability of GST on Fair Price Shop dealer’s commission, transport, and stationary charges, etc., in case of Chanchal Saha.

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