HC directs exclusion of period from 1st March 2020 to 28th February 2022, for limitation period computation for filing GST refund application
HC held that for interim release of goods under Section 110A of Customs Act, 1962 importer of goods cannot be regarded as owner
HC held that accusations of clandestine removal cannot be confirmed merely based on statement of few transporters under Central Excise Act
HC quashed detention orders passed by non-jurisdictional authority i.e., Roving squad and directed assessee to forward all documents to concerned jurisdictional assessing officer, who shall take up the issue and decide the same.
HC remanded back the matter to the assessing authority for reconsidering the refund claimed by the assessee noting that refund of accumulated Input Tax Credit (ITC) on account of inverted duty structure (IDS) is allowed where the goods have been supplied under concessional rate notification.
Penalty charged for mere expiration of e-way bill by few hours not leviable as it not amount to tax evasion, fraudulent intent or gross negligence
Bisweswar Midhya Vs Superintendent (Calcutta High Court) The Hon’ble Calcutta High Court in Bisweswar Midhya v. The Superintendent, CGST [MAT No. 1376 of 2022 with IA No. CAN 1 of 2022 dated September 01, 2022] disposed off the writ petition directing the assessing authority to forthwith revoke the suspension of the assessee’s registration. Further directed […]
HC observed that advance ruling application cannot be admitted on the issue which is pending or decided in any proceeding. However, inquiry or investigation does not come within the ambit of the word ‘proceeding’. Moreover, as per the facts of the present case, inquiry/ investigation started after filing of the advance ruling application hence cannot be rejected.
Sky Airways Vs Commissioner of Customs (CESTAT Delhi) Customs Duty Paid Voluntarily During Investigation cannot be claimed as refund when CESTAT remanded the matter for a fresh adjudication The Hon’ble Customs, Excise & Service Tax Appellate Tribunal, New Delhi (CESTAT) in the matter of Sky Airways v. Commissioner of Customs (Appeals), New Delhi [Final Order […]
HC held that in a case where GST Liability has not been remitted, interest under Section 50 of CGST Act is leviable even if the taxpayer has adequate credit balance in his cash ledger or credit ledger.
