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Inadequate Hearing Violates Section 75(4) of CGST Act 2017: Order Unsustainable

April 11, 2024 672 Views 0 comment Print

Analysis of M. Kandasamy Vs Deputy State Tax Officer-2 case reveals how inadequate hearing led to unsustainability of order under CGST Act 2017.

Proper Officer Can Open GST Portal for Filing Returns Upon Full Compliance

April 11, 2024 666 Views 0 comment Print

Explore the case of Akshya Kumar Sahu v. Commissioner, CGST & Central Excise, where the Orrisa High Court directs the opening of the GST portal for filing returns. Learn about the conditions and implications.

GST: HC directs to pass fresh speaking order with opportunity of personal hearing

April 11, 2024 1677 Views 0 comment Print

Court observed that the petitioner had provided a detailed reply addressing each head of the Show Cause Notice. However, the impugned order merely stated that the reply was not satisfactory without providing any substantive reasoning or analysis. The Court held that this lack of consideration rendered the order unsustainable.

Section 14A: AO Must records Discontent with Assessee’s Expenditure Claim with Cogent Reasons

April 11, 2024 972 Views 0 comment Print

Bombay High Court ruling: Assessing Officer (AO) must record dissatisfaction with Assessee’s claim regarding expenditure. Detailed analysis of PCIT-2 Vs Tata Capital Ltd case.

AO Must Adhere to TPO’s ALP in International Transactions: Delhi HC

April 11, 2024 1908 Views 0 comment Print

Delhi High Court rules AO can’t deviate from Transfer Pricing Officer’s determined Arm’s Length Price (ALP) in international transactions, upholding assessee’s writ petition.

Order invalid if SCN not discloses date, time or venue of personal hearing

April 11, 2024 1356 Views 0 comment Print

In S.S. Suppliers vs. State of U.P., Allahabad HC rules show cause notice sans personal hearing details violates Sec 75(4), leading to order annulment. Learn more.

Recording of Reasons Mandatory for Retrospective GST Registration Cancellation

April 11, 2024 528 Views 0 comment Print

Delhi High Court modifies retrospectively canceled GST registration in Anil Soni Prop vs Superintendent case. Analysis of court judgment and implications of retrospective cancellation.

GST registration cancellation for alleged non-existing place of Business: HC allows fling of detailed response

April 11, 2024 2214 Views 0 comment Print

Delhi High Court directs detailed response to GST Show Cause Notice regarding disputed principal place of business, suspends registration.

Madras HC Quashes GST Assessment Order as Assessed Tax liability exceeded SCN amount

April 11, 2024 1215 Views 0 comment Print

Read about the Madras High Court’s decision to quash a GST assessment order due to confirmed tax liability exceeding the amount in the show cause notice by Rs. 69 lakh.

Failure to Grant Personal Hearing Invalidates GST Order: Madras HC

April 11, 2024 687 Views 0 comment Print

In Tvl. M.S. Enterprises Vs State Tax Officer, Madras High Court highlights failure to grant personal hearing despite request, leading to order being quashed and remanded.

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