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UPVAT: Exemptions & deductions require a stricter approach: HC allows benefit under Rule 9(1)(e)

December 10, 2023 756 Views 0 comment Print

Allahabad High Court decision on UPVAT Rules – Stricter approach for exemptions/deductions. Full text of judgment and detailed analysis of Commissioner vs Sanya Construction case.

Kerala HC Sets Aside Income Tax Order for Ignoring Video Conferencing Request

December 10, 2023 666 Views 0 comment Print

Kerala High Court nullifies Income Tax order against Anna Aluminium Company, citing violation of natural justice due to disregarding video conferencing hearing request. Full text of judgment included.

Kerala HC Quashes Section 148A(d) Order which was passed Without Hearing

December 10, 2023 696 Views 0 comment Print

Read the Kerala High Court’s judgment annulling Income Tax Act Section 148A(d) order against Dinesh Dinakaran Pillai. Learn about the case and the court’s decision.

HC validates Automated Email & SMS Notification System : Dismisses Writ Petition

December 10, 2023 759 Views 0 comment Print

The crux of the petitioner’s argument rested on the alleged non-receipt of notice for the appeal hearing. Despite providing a postal address for their counsel, the petitioner claimed neither the counsel nor they received any intimation. The court, however, refuted this, emphasizing the automated system in place. Notices were not only uploaded on the portal but also sent via email and SMS alerts in real-time, using the details provided by the assessee.

Non-Responsive Petitioner cannot complain violation of principles of natural justice

December 10, 2023 633 Views 0 comment Print

The court emphasizes that the petitioner received eight notices under Section 142(1) and two show cause notices under Section 144. Despite ample opportunities, the petitioner did not respond or seek extensions. The court concludes that the petitioner cannot now claim a violation of natural justice, as there was substantial compliance.

Section 54 CGST: Remittance of Interest After 60 Days – Allahabad HC Ruling

December 10, 2023 645 Views 0 comment Print

Allahabad High Court judgment on Desai Brothers Limited Ratanpur vs. State of U.P. highlights Section 54, emphasizing interest remittance 60 days post refund application.

Kerala HC Dismisses Writ Petition on Restoration of Customs Appeal

December 10, 2023 453 Views 0 comment Print

Read about the Kerala High Court’s dismissal of a writ petition seeking restoration of a Customs appeal. The court found the petition misconceived and not maintainable.

Kerala HC Disposes of Writ Petition: Petitioner Granted Liberty to Appeal before GSTAT

December 10, 2023 630 Views 0 comment Print

Read the Kerala High Court judgment on Parameswaran E. C. vs Assistant Commissioner, where writ petition challenging GST assessment orders is disposed of, allowing the petitioner to appeal within a month.

ITC cannot be blocked when no order is issued u/s 74 of CGST Act or Rule 86A of CGST Rules

December 10, 2023 4080 Views 0 comment Print

Telangana High Court’s landmark decision in M/s. A.S.E. India v. Union of India, highlighting invalidity of blocking ITC without a CGST Act Section 74 order or Rule 86A compliance.

Admitted facts: No prejudice to appellant if SCN did not refer to a particular statutory provision

December 9, 2023 1605 Views 0 comment Print

Explore the Kerala High Court’s decision in the case of Global Plasto Wares vs. Assistant State Tax Officer. Analysis of penalties under Section 73(11) of CGST/SGST Act and implications for businesses.

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