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Assessee is responsible to monitor GST Portal after cancellation of GST registration

September 9, 2023 2487 Views 0 comment Print

Explore the Kerala High Court ruling in Koduvayur Constructions vs AC-Works Contract case. Understand the significance of GST portal notices and the responsibility of the assessee.

Notification no. 14/2022-Central Tax inserting explanation in rule 89 of CGST Rules has prospective effect

September 9, 2023 3591 Views 0 comment Print

Jharkhand High Court held that the explanation inserted in Rule 89 (4) of CGST Rules, 2017 vide Notification No. 14/2022-Central Tax dated 05.07.2022 is not clarificatory in nature and thus will have a prospective effect.

Failure to Prove Physical Goods Movement: Registered Dealer Purchases May be Treated as Unregistered Dealer Purchases

September 9, 2023 1749 Views 0 comment Print

Commissioner, Commercial Tax Vs Ramway Foods Ltd (Allahabad High Court) – Purchase from Registered Dealer can be treated as Purchases from Unregistered Dealer if dealer fails to prove actual physical movement of goods

Reassessment can be initiated only on approval from specified authority & should not be based on change of opinion

September 9, 2023 4944 Views 0 comment Print

Exploring Siemens Financial Services vs DCIT Bombay High Court case that clarified role of specified authority in reassessment approvals and impermissibility of changes in opinion.

Show cause proceeding cannot be scuttled by filing a writ petition if it is not without jurisdiction

September 8, 2023 867 Views 0 comment Print

High Court held that Show cause proceeding cannot be scuttled by filing a writ petition, as it is not without jurisdiction. It is open for the petitioner to reply to the SCN for violation of Sec 269SS.

HC quashed GST order passed without grant of opportunity of being heard

September 6, 2023 3264 Views 0 comment Print

Analysis of Patna High Court’s ruling in the Vivek Kumar Mittal Vs State of Bihar case, emphasizing the court’s emphasis on natural justice and principles of fairness in tax assessments.

Disallowance of part of commission payment as business expenditure unjustified

September 6, 2023 2289 Views 0 comment Print

Bombay High Court held that AO and the Tribunal have allowed part of the commission payment as business expenditure. However, disallowance of part of commission payment as business expenditure unjustified.

Dismissal of appeal by Tribunal without hearing matter on merits unjustified

September 5, 2023 1176 Views 0 comment Print

Bombay High Court held that dismissal of appeal without hearing the case on merits merely on the ground that matter is remanded back by Commissioner (A) unjustified as remand was only for limited purpose of re-quantification of customs duty.

Delhi HC restricts Set-off of Tax Refunds Against Disputed Demands at 20%

September 5, 2023 2163 Views 0 comment Print

Delhi HC rules in favor of Jindal Stainless LTD in a tax dispute against DCIT. The court directs the release of excess tax adjustments, limited to 20% of disputed demands. Learn what this means for businesses facing similar tax disputes.

Police & GST Dept. cannot issues Notices to Advocate appearing for client

September 5, 2023 21429 Views 0 comment Print

Calcutta High Court rules that Police and GST Department cannot issue notices to advocates appearing for clients in GST-related cases, upholding client-advocate privilege.

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