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State Authorities Cannot Issue SCN if Central Proceedings Are Ongoing Under GST

January 1, 2025 5034 Views 0 comment Print

Calcutta HC quashes state GST SCN and order, citing overlap with central authorities’ prior action for the same tax period and subject matter under GST law.

No Penalty for Goods with Valid Invoice & E-Way Bill Despite Suspended Registration

December 31, 2024 2076 Views 0 comment Print

Allahabad HC rules no penalty if goods in transit have valid tax invoice and e-way bill, despite owner’s GST registration suspension. Highlights Section 129 CGST Act.

GST Demand Order Issued before expiry of period of filing Violates Natural Justice

December 31, 2024 1083 Views 0 comment Print

Andhra Pradesh High Court rules demand order issued before reply period expiry violates natural justice. Case highlights procedural fairness in GST cases.

Marketing support services by Indian Company to its Foreign Head Quarters qualify as ‘Export’

December 30, 2024 894 Views 0 comment Print

Nokia India Pvt. Ltd. faced a service tax demand for short payments, penalties, and CENVAT credit issues during the period 2003–2007. CESTAT ruling clarified the matter.

Order Passed Without Hearing Violates Natural Justice: Allahabad HC

December 29, 2024 1464 Views 0 comment Print

Allahabad High Court quashed a GST cancellation order citing a violation of natural justice due to the absence of a hearing. Legal principles reinforced in the case.

Bonafide intent must be proved for property purchased from GST defaulters

December 26, 2024 969 Views 0 comment Print

Madras HC rules bonafide intent essential for purchasers of properties from GST defaulters. Attachment order valid unless intent is proven in court.

Assessee’s Commitment to File Returns Justifies Setting Aside GST Registration Cancellation

December 26, 2024 708 Views 0 comment Print

Calcutta HC set aside GST cancellation, reinstating registration as the petitioner agreed to file returns and pay dues, aiding revenue collection and business continuity.

Extension of Time Limit Not Applicable for Section 73 GST Orders for FY 2017-18

December 20, 2024 3786 Views 0 comment Print

Allahabad HC quashed GST orders for FY 2017-18 in A.V. Pharma Vs State of UP, citing expiry of the prescribed time limit under Section 73 of the CGST Act.

Expression ‘already pending or decided’ means that it is pending on the date of filing the application seeking an advance ruling

December 18, 2024 729 Views 0 comment Print

Bombay HC clarifies ‘already pending or decided’ under CGST Act. Respondent directed to resolve advance ruling application within 3 months.

SCN can be issued both under Section 73 and 74 of CGST Act: P&H HC

December 17, 2024 1998 Views 0 comment Print

P&H HC holds that issuing SCN under Section 73 and dropping proceedings doesn’t bar initiation of proceedings under Section 74 of the CGST Act.

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