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Provisional attachment orders under GST have a life span of only one year

January 1, 2023 1338 Views 0 comment Print

Section 83 of the CGST Act mandating that a provisional attachment order would have a life span of only one year from the date of the order made under sub-section (1). After expiry of a period of one year, such provisional attachment would cease to have effect.

HC release goods & conveyance subject to payment of Tax, Penalty & Furnishing of Bond

January 1, 2023 963 Views 0 comment Print

Detention of goods & conveyance – interaction, interplay and inter se application of Section 129 and Section 130 of CGST Act, 2017

ITC availment without actual receipt of goods – HC allowed bail to accused

January 1, 2023 1131 Views 0 comment Print

Seeking grant of Regular bail – Firms availed ITC on the basis of invoices received without actual receipt of goods from 7 registered entities

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

December 30, 2022 852 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 717 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 927 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 2178 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 474 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 957 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 1119 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. […]

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