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Gujarat HC Directs GST department to Transfer Document to DGGI amid Investigation

August 30, 2023 2124 Views 0 comment Print

The judgment by the Gujarat High Court in this case reiterates the principle that parallel investigations on the same subject by different GST authorities can lead to legal complexities. By ordering the transfer of documents to a single investigating unit, the court ensures a streamlined process, emphasizing the need for coherence in legal proceedings.

Orissa HC Directs Payment of 20% of Disputed Tax in Absence of GSTAT

August 30, 2023 747 Views 0 comment Print

Orissa High Court recently delved into the complexities of the Goods and Services Tax (GST) through the case of Sekh Aminur Islam Vs Commissioner of CT & GST. The pivotal concern was the GST recovery in the absence of a Second Appellate Tribunal

Madras HC Orders Expedited Release of Goods under Customs Act Section 110A

August 30, 2023 693 Views 0 comment Print

Highlighting Madras High Court’s verdict on Harees Infotech’s plea for the provisional release of imported goods under Section 110A of the Customs Act, 1962.

Orissa HC: Deposit Full Tax in 15 Days Before Opting Writ Remedy for GSTAT Non-Constitution

August 30, 2023 1389 Views 1 comment Print

Analysis of Orissa High Court’s directive regarding non-constitution of GSTAT and the tax demand timeframe in Krushna Mohan Dutta Vs Commissioner of CT & GST.

Adjudicating Authority must provide hearing opportunity before passing an adverse order

August 29, 2023 2523 Views 0 comment Print

Analysis of B.L. Pahariya Medical Store Vs State of U.P.: Allahabad High Court emphasizes the importance of personal hearing before passing adverse orders.

Non-adjudication of notice within time limit prescribed u/s 28(9) of Customs Act is unsustainable

August 29, 2023 8061 Views 0 comment Print

Delhi High Court held that in terms of section 28(9) of the Customs Act the show cause notice needs to be adjudicated within a period of six months or within one year. Adjudication of notice after expiry of the said period is time-barred.

Limitation Grounds Inapplicable for Timely & Properly Filed GST Refund Applications

August 29, 2023 3108 Views 0 comment Print

Delhi High Court rules that GST refund cannot be denied if applications are filed timely and as prescribed, even if there are deficiencies. Read the analysis.

Initiation of Criminal Proceedings after TDS Deposit with Interest is invalid: HC

August 29, 2023 5868 Views 0 comment Print

Analysis of Jharkhand HC’s stance on TDS deposits, penalties, and implications on criminal proceedings when deposits are made with interest.

Reopening after 4 years invalid if AO fails to Establish Assessee’s Failure to Disclose Material Facts

August 29, 2023 771 Views 0 comment Print

Analysis of Bombay HC ruling in Naroli Resorts vs ACIT on reopening tax assessment after four years. Did the assessee disclose all material facts?

Dharampal Satyapal Ltd. Challenges Authority of GST Council to hike GST Rate

August 29, 2023 2961 Views 0 comment Print

Analysis of Dharampal Satyapal Limited’s case against the GST Council’s decision to change the classification and GST rate of coated illaichi.

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