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Supreme Court Upholds IBC Waterfall Mechanism for CBIC Dues

November 17, 2023 2415 Views 0 comment Print

SC reinforces Insolvency and Bankruptcy Code’s priority mechanism for CBIC, Department of Revenue dues. Key insights from Principal Commissioner of Customs Vs Rajendra Prasad Tak case.

Reply filed by Assessee be taken into consideration while passing Impugned Order

November 11, 2023 2250 Views 0 comment Print

Madras High Court in M/s. Chennai Silks v. The Assistant Commissioner Tirupur allowed Writ Petition and set aside Impugned Order. Learn how they took into consideration the reply filed by the assessee.

Authorisation under Section 67(2) of SGST/CGST Act is not required for every item or person discovered during search operation

November 11, 2023 1017 Views 0 comment Print

Discover what Hon’ble Kerala High Court said about authorisation under Section 67(2) of SGST/ CGST Act during search operation in M/s. Velayudhan Gold LLP v. State of Kerala case.

Mere infractions of law are not valid grounds for filing writ petition

November 11, 2023 789 Views 0 comment Print

Allahabad High Court asserts that there is no inherent jurisdictional lack in GST adjudication proceedings. Writ jurisdiction is limited to specific cases.

Appellate Authority should provide sufficient reasons for not considering Appeals filed after limitation period

November 11, 2023 1407 Views 0 comment Print

Bombay HC quashes Impugned Order in M/s. IMS Ship Management Pvt Ltd vs State of Maharashtra case, citing lack of reasoning. Appeal restored; Respondent to reconsider based on Petitioner’s submissions.

Credit can be claimed when exempted by-products are obtained while producing taxable goods under UP VAT Act

November 11, 2023 1332 Views 0 comment Print

Understand the implications of M/s Modi Naturals Ltd. v. The Commissioner of Commercial Tax UP and learn how to claim credit when exempted by-products are obtained while producing taxable goods under the UP VAT Act.

Refund allowed in case of inverted duty structure on account of Multiple Input having higher GST rate than output

November 11, 2023 3291 Views 0 comment Print

This Rajasthan High Court case allowed refund of ITC when multiple inputs have higher GST rate than the output. Learn how the Hon’ble High Court held in M/s. Nahar Industrial Enterprises Limited v. Union of India.

Cash Excluded from Goods for Seizure in GST Cases: Gujarat HC

November 8, 2023 1923 Views 0 comment Print

Detailed analysis of Gujarat High Court’s judgment in Bharatkumar Pravinkumar & Co. vs. State of Gujarat regarding seizure of cash under GST Act.

No Recovery Without Rule 88C Compliance for GSTR-1 vs. GSTR-3B Difference

November 8, 2023 18606 Views 0 comment Print

Madras High Court case highlights importance of complying with Rule 88C of the CGST Rules to effect recovery based on difference in GSTR-1 and GSTR-3B. Madras High Court allowed the writ petition in M/s. Caterpillar India Pvt. Ltd. v. The Assistant Commissioner Chennai, ruling that no recovery could be effected without complying with rule 88C of the CGST Rules.

Granting short period of time for filing reply violates legal right of assessee

November 7, 2023 4374 Views 0 comment Print

Granting a short period of time to file a reply violates the legal right of an assessee. Learn about judgment of Madras High Court in case of M/s Health and Allied Insurance Company Ltd. v. Commissioner of State Tax, Chennai

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