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Writ filed challenging constitutional validity of Section 140(5) of CGST Act, 2017

November 20, 2021 6873 Views 0 comment Print

Maa Durga Plastic Vs Assistant Commissioner (Calcutta High Court) Constitutional validity of Section 140(5) of the CGST Act to the extent that it denies ITC on capital goods in transit challenged before Hon’ble Calcutta High Court Maa Durga Plastic has filed a writ petition vide W.P.A. No. 10340 of 2021 before the Hon’ble Calcutta High […]

CGST Rule 36(4) notice issued by Hon’ble Gujarat High Court

December 18, 2020 5631 Views 0 comment Print

Surat Mercantile Association Vs Union of India (Gujarat High Court) Rule 36(4) of the Central GST Rules and Gujarat and GST Rules, 2017 restricts Input tax credit to be availed by the buyer of goods or services in respect of invoices or debit notes, the details of which have not been uploaded by the suppliers […]

Rule 36(4) of CGST Rules Challenged before Calcutta HC

December 14, 2020 5586 Views 2 comments Print

Rule 36(4) of the CGST Rules/WBGST Rules drawing its power from Section 43A(4) of the CGST Act/WBGST Act, which is yet to be notified, restricts ITC available to a buyer of goods or services to a maximum of  10% on the basis of the details of outward supplies furnished by the supplier of goods or […]

Petition filed Challenging vires of CGST Rule 86A

December 3, 2020 2325 Views 0 comment Print

Surat Mercantile Association Vs Union of India (Gujarat High Court) Rule 86A of the GST Rules has given unbridled power to a GST officer to block input tax credit in electronic credit ledger maintained on GSTN portal without giving any notice or intimation to the tax payer if the concerned GST officer has reason to […]

Challenge to Section 16(2)(c) of CGST Act 2017- Notice issued by Gujarat HC

December 3, 2020 9660 Views 0 comment Print

Surat Mercantile Association Vs Union of India (Gujarat High Court) Hon’ble Gujarat High Court has issued notice to Centre and State Government on 03.12.2020 in the matter of Surat Mercantile Association. Vs UOI & others, SCA. No. R/SCA/15329/2020, wherein the petitioner has challenged the constitutional validity of Section 16(2)(c) of the CGST Act/WBGST Act, which […]

PIL challenging constitution of AAR – HC issues Notice to Government

November 25, 2020 1824 Views 0 comment Print

Rajendra Kumar Duggar Vs Union of India & Ors. (Calcutta High Court) Hon’ble Calcutta High Court has issued notice to Centre and State Government in a PIL filed by CA Rajendra Kumar Duggar wherein the petitioner has challenged the constitution of the Authority of Advance Ruling and Appellate Authority for Advance Ruling constituted under the […]

Notice issued in challenge to constitutional validity & vires of 16(4) of CGST Act 2017/WBGST Act 2017 by Calcutta HC

October 16, 2020 8250 Views 0 comment Print

Rainbow Infrastructure Private Limited & Anr Vs Assistant Commissioner (Calcutta High Court) Hon’ble Calcutta High Court has issued notice to Centre and State Government in the matter of Latika Ghosh Vs ACST, Raiganj Charge & others, W.P. A. No. 7272  of 2020, in the matter of Rainbow Infrastructure Pvt. Ltd. Vs. ACST, Barrackpore Zone & […]

Perplexed Interest liability under GST law: Gross, Net or NIL?

July 1, 2019 15675 Views 9 comments Print

This article has been written in the backdrop of the controversy which has arisen about interest on delayed payment of tax. The issue under controversy is whether the liability to pay interest under Section 50 of the CGST Act, 2017 (hereinafter referred to as the Act) is confined only to the net tax liability i.e. […]

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