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Cash Excluded from Goods for Seizure in GST Cases: Gujarat HC

November 8, 2023 1926 Views 0 comment Print

Detailed analysis of Gujarat High Court’s judgment in Bharatkumar Pravinkumar & Co. vs. State of Gujarat regarding seizure of cash under GST Act.

No Recovery Without Rule 88C Compliance for GSTR-1 vs. GSTR-3B Difference

November 8, 2023 18609 Views 0 comment Print

Madras High Court case highlights importance of complying with Rule 88C of the CGST Rules to effect recovery based on difference in GSTR-1 and GSTR-3B. Madras High Court allowed the writ petition in M/s. Caterpillar India Pvt. Ltd. v. The Assistant Commissioner Chennai, ruling that no recovery could be effected without complying with rule 88C of the CGST Rules.

Notice issued u/s 143(2) after 6 months from end of financial year in which return is furnished is time barred

November 7, 2023 4431 Views 0 comment Print

Delhi High Court held that notice issued under section 143(2) of the Income Tax Act after the expiry of six months from the end of the financial year in which return is furnished is barred by limitation and hence unsustainable in law.

Retention of gold and currency unjustified as two authorities concurrently orders release

November 7, 2023 429 Views 0 comment Print

Kerala High Court held that as two authorities have concurrently held in favour of the petitioner and ordered release of the Gold and Currency, the same cannot be retained. Accordingly, confiscated gold and cash directed to be released.

Writ not maintainable due to non-cooperation for concluding proceedings before Tribunal

November 7, 2023 474 Views 0 comment Print

Kerala High Court held that writ petition is misconceived and non-maintainable as petitioner didn’t co-operate for concluding the proceedings by the Tribunal on remand.

Release of fresh apples imported from New Zealand was allowed on furnishing of Bank Guarantee towards differential duty

November 7, 2023 732 Views 0 comment Print

Customs department was directed to release fresh apples imported from New Zealand as the same were perishable in nature and were meant for human consumption, made the court find it appropriate to order the release of the goods, however, subject to the condition that Respondent should furnish a bank guarantee in order to safeguard the interests of the department.

Delhi HC Allows Consolidation of GST proceedings initiated by different authorities

November 7, 2023 12339 Views 0 comment Print

In a recent Delhi High Court judgment, it was ruled that GST proceedings initiated by different authorities can be consolidated. Learn more about case and its implications.

Granting short period of time for filing reply violates legal right of assessee

November 7, 2023 4380 Views 0 comment Print

Granting a short period of time to file a reply violates the legal right of an assessee. Learn about judgment of Madras High Court in case of M/s Health and Allied Insurance Company Ltd. v. Commissioner of State Tax, Chennai

Reassessment proceedings initiated by mistake is liable to be set aside

November 6, 2023 978 Views 0 comment Print

Delhi High Court held that a mistake has been made in triggering reassessment proceedings against the petitioner as no impugned transactions have been carried out by the assessee and accordingly, re-assessment proceedings initiated u/s. 148 of the Income Tax Act is set aside.

Statutory restriction contained in Section 37(1)(b)(ii) of NDPS Act gets overrides due to prolonged incarceration

November 6, 2023 1023 Views 0 comment Print

Delhi High Court granted bail as prolonged incarceration of a person overrides the statutory restriction contained in Section 37(1)(b)(ii) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

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