Sponsored
    Follow Us:

Detention of goods for non-generation of E-way bill – HC directs AO to redo Section 129(3) legal drill

December 30, 2022 663 Views 0 comment Print

Shree Info System Solutions Pvt. Ltd Vs Assistant Commissioner (ST) Adjudication (Madras High Court) As already alluded to supra, captioned writ petition turns on a very narrow compass and therefore it is really not necessary to delve into the factual matrix in detail. It will suffice to say that while the interception followed by detention/seizure […]

E-way bill expiry – Efficacious alternative remedy available- HC allows appeal before appellate authority

December 30, 2022 537 Views 0 comment Print

Burnpur Polyfabs Pvt. Ltd Vs State of Jharkhand (Jharkhand High Court) HC held that taking into consideration that an efficacious alternative remedy by way of appeal is available to the petitioner under Section 107 of JGST Act, we therefore, grant liberty to the petitioner to approach the appellate authority against the impugned order passed under […]

GST Section 129 provides for issue of notice/hearing before order is made

December 30, 2022 777 Views 0 comment Print

Section 129 provides for issue of notice / hearing before order is made. This Court is informed that notice has been issued on 04.12.2022. The order has to be made within 7 days but owing to the captioned writ petition being filed on 09.12.2022, making of the order has been put on hold is learned Revenue counsel’s say.

When limitation elapses right is not extinguished but remedy is barred

December 30, 2022 1809 Views 0 comment Print

Golcha Garments Vs Joint Commissioner of GST & Central Excise (Appeals) (Madras High Court) Hon’ble Supreme Court has made it clear that what was extended by order of Hon’ble Supreme Court qua Covid-19 period was only the period of limitation and not the period upto which the delay can be condoned in exercise of discretion […]

HC disposes Writ as efficacious remedy of appeal is available

December 30, 2022 351 Views 0 comment Print

GMT Industries Ltd Vs State of Jharkhand (Jharkhand High Court) Mr. Ashok Kumar Yadav, learned G.A. has filed counter affidavit inter-alia challenging the maintainability of the writ petition, as also on merits and has contended that the efficacious remedy of appeal is available to assessee, since the dispute pertains to questions of fact, the Hon’ble […]

GST Registration cancellation- HC allows time barred application for revocation

December 30, 2022 738 Views 0 comment Print

Devendra Prasad Vs Assistant Commissioner (Uttarakhand High Court) Since, the petitioner failed to furnish returns for a continuous period of six months and show cause notice has been sent to him, it is directed that the petitioner shall file an application for revocation under Section 30 of the CGST Act in terms of Rule 23 […]

Kerala GST: Disposal of pending adjudication – instructions issued

December 29, 2022 912 Views 0 comment Print

Office of the Commissioner of the State Goods and Services Tax Department, Tax Towers, Karamana, Thiruvananthapuram – 695 002. Ph: 04712785230, e-mail: csectioncct.ctd@kerala.gov.in File No. CT/7533/2021-C1 Circular No. 07/2023 date : 12-01-2023 Sub: Disposal of pending adjudication – instructions issued – Reg Ref: 1. G.O. (Ms) No.55/2022/TAXES Dated: 02.08.2022 2. G.O (Ms) No. 106/2022/TAXES Dated. […]

Declaration of commission income under presumptive provisions & Double addition by CPC- ITAT refers matter back to AO

December 26, 2022 9972 Views 0 comment Print

Pramod Kumar Tiwari Vs DCIT (ITAT Allahabad) in the case in hand, the assessee has admittedly filed the return under wrong provisions of presumptive tax under section 44ADA whereas the commission income as reflected in Form 26AS is subjected to TDS under section 194H and is required to be declared in Form ITR 3 as […]

Section 53 of Benami Transactions (Prohibition) Amendment Act, 2016 is prospective

December 26, 2022 1452 Views 0 comment Print

Rajesh Katyal Vs Income Tax Department (Delhi High Court) Supreme Court in judgment of Ganpati Dealcom Pvt. Ltd. Held that offence under Section 53 of Benami Transactions (Prohibition) Amendment Act, 2016 is prospective and would only apply to those transactions which were entered into after amendment came into force i.e., 01st November, 2016. Supreme has […]

KVAT Act: Mistake in applying correct rate of tax can be rectified

December 26, 2022 975 Views 0 comment Print

Crescent Constructions Vs Deputy Commissioner of State Tax (WC) (Kerala High Court) HC held that that Deputy Commissioner of State Tax has misdirected himself in law while deciding to reject the application for rectification on the ground that the petitioner produced the documents in support of the claim for lower rate of tax only along with […]

Sponsored
Search Post by Date
July 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
293031