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Rule of alternate remedy not a bar for High Court to exercise Writ jurisdiction

December 22, 2022 1401 Views 0 comment Print

Opportunity to cross examine witnesses not given to petitioner. Rule of alternate remedy not a bar for High Court to exercise Writ jurisdiction.

HC set-aside order as assessee not able to file reply due to technical glitch on portal

December 22, 2022 1539 Views 0 comment Print

Pallavi Naresh Shah Vs. Union of India (Bombay High Court) No reply was filed by the assessee due to technical glitch on portal. order passed subsequently, under Section 147 r/w section 144B of the Income Tax Act, 1961 set aside. Matter remanded back. The Petitioner challenged the order of assessment passed under section 147 read […]

SCN issued after 10 years from the date of issuance of first SCN is void: HC

December 22, 2022 2532 Views 0 comment Print

Impugned show cause notices are void and bad-in-law in view of non-adjudication after a lapse of nearly 10 years from the date of issuance of first show cause notice.

HC directs department to issue rectified C-Forms subject to verification of entitlement

December 21, 2022 1152 Views 0 comment Print

Vodafone Idea Limited Vs Government of NCT of Delhi (Delhi High Court) The HC directed the Revenue Department to issue the rectified C-Forms, subject to the verification of entitlement on merits, without being burdened with issue concerning limitation. The petitioner is a telecom service provider. It undertook inter-state sales (C Forms). There was an error. […]

Cenvat Credit eligible on inputs used in manufacturing of trial batches of medicament

December 21, 2022 783 Views 0 comment Print

The assessee is entitled to avail Cenvat Credit in respect of inputs and packaging material used in manufacturing of trial batches of medicament.

GST demand on export not done by BHEL: HC Grants stay to ESL Steel Limited

December 21, 2022 1053 Views 0 comment Print

ESL Steel Limited Vs Bharat Heavy Electronic Limited (Jharkhand High Court) The Petitioner made supplies for export to Bharat Heavy Electricals Ltd (BHEL). The goods were ultimately exported, albeit with delay. Petitioner and BHEl made representations to the Revenue for condonation of delay in exports. Reliance was placed on Para 5.1 of Circular No. 37/11/2018-GST […]

HC lifts Provisional attachment of bank account along with ITC credit ledger

December 10, 2022 1044 Views 0 comment Print

Sai Kripa Confectioneries Vs Union of India (Bombay High Court) Provisional attachment of bank account along with credit ledger account was unblocked on the admission of the Commissioner that there was an error in judgement. Alert made as risky exporter was also removed. The Petitioner challenged the attachment of bank accounts, blocking of credit ledger […]

Gujarat HC issues notice to Central & State Government to know steps taken for constituting GST Tribunal

December 9, 2022 1287 Views 0 comment Print

Firmenich Aromatics Production (India) Pvt. Ltd. Vs Union of India (Gujarat High Court) Gujarat High Court issues notice to Central Government and State seeking to know steps to taken for constituting GST Tribunal. The Hon’ble Court issues notice to Central Government and State seeking to know steps taken for constituting GST Tribunal, even after the […]

HC sets aside ex-parte assessment order and directs petitioners to submit proof of Inter-state sales/branch transfers

December 9, 2022 1614 Views 0 comment Print

Delhi High Court sets aside ex-parte assessment order and directed petitioners to place on record available documents to stake claim that Inter-state sales/ branch transfers have taken place.

Department cannot deny interest on refund once refund clam is sanctioned

December 9, 2022 1392 Views 0 comment Print

Rosy Blue India Private Limited vs. Union of India (Bombay High Court) The Petitioner challenged non-sanction of refund of service tax paid on export of services. The Show Cause Notice proposing denial of refund was challenged. However, during the pendency, refund of principal was granted. The interest on delayed refund from 2010-2011 till 2022 was […]

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