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Lack of supplying supporting documents for ‘reason to believe’ is a flagrant violation of principles of natural justice

January 17, 2023 3879 Views 0 comment Print

Held that, non-supply of documents referred in the ‘reason to believe’ notice along with the notice to the assessee deems the reassessment proceeding and any consequential proceedings illegal and is a flagrant violation of the principles of natural justice.

Water Resources Department ordered to consider assessee’s representation for refund of additional GST

January 16, 2023 1071 Views 0 comment Print

HC directed Water Resources Department to take into consideration the Representation filed by  CG Associates w.r.t the refund of additional amount of GST paid by the CG Associates due to change in rate of taxes.

Instructions issued by Revenue Department needs to be aligned with decisions taken by courts

January 14, 2023 2154 Views 1 comment Print

Hero Motocorp Ltd. Vs Union of India & Ors. (Delhi High Court) Instructions issued by Revenue Department needs to be aligned with the decisions taken by the courts and the position of law as declared by the judgments The Hon’ble Delhi High Court in M/s. Hero Motocorp Ltd. v. Union of India & Ors [Review […]

Services provided by GTA not classified as ‘Clearing & Forwarding Agency’ service

January 14, 2023 2067 Views 0 comment Print

HC Held that, providing services of ‘Goods Transport Agency’ (GTA) does not fall within the category of ‘Clearing and Forwarding Agent’, provided to several recipients who were liable to discharge tax dues on freight under ‘RCM after availing permissible abatement.

GST Registration cancellation order set aside due to lack of reasoning

January 14, 2023 723 Views 0 comment Print

HC set aside the order of cancellation of GST Registration of the assessee and held that the cancellation of the GST Registration through a non-speaking order without mentioning the grounds for such cancellation is cryptic in nature and violates the principles of natural justice.

Alternative remedy is not an absolute bar if there is violation of natural justice

January 14, 2023 2664 Views 1 comment Print

Availability of alternative remedy cannot be an absolute bar to file a writ petition in cases where principles of natural justice has been violated.

No service tax on Software activation charges under BAS

January 14, 2023 579 Views 0 comment Print

CESTAT held Service tax not payable on ‘Software Activation Charges’ under taxable services of ‘Business Auxiliary Services

Assessee cannot be asked to approach appellate authority if it was not made a party to original application

January 13, 2023 1686 Views 0 comment Print

HC held that, directing assessee to prefer an appeal will not be effective as the facts, which it seeks to bring on record were not a part of records before original authority.

HC allows rectification of GSTR-1 to correct Bonafide mistakes in furnishing of correct details of outward supplies 

January 12, 2023 15462 Views 0 comment Print

HC allows Rectification of GSTR-1 Returns for Bonafide mistakes in furnishing of correct details of outward supplies for the assessment years 2017-18, 2018-19 and 2019-20 in terms of Recent Circular No. 183/15/2022-GST

HC directs assessee to approach appellate authority w.r.t. order detaining ‘Teak Sawn Timber’

January 11, 2023 639 Views 0 comment Print

HC held that assessee cannot approach High Court when first remedy is still available. Directed the assessee to approach the State Tax Authority who passed the detention order and seek to revoke it by answering all the allegations.

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