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Violation of Natural Justice Principles if Order passed Prematurely

July 5, 2023 1260 Views 0 comment Print

Read judgment of Sunil Enterprises vs. Commissioner Commercial Tax by Allahabad High Court. Court overturned Adjudicating Authority’s order, highlighting violation of natural justice principles when an order is passed prematurely.

Bombay High Court allows Refund of IGST with Interest | Sunlight Cable Industries Case

July 5, 2023 3066 Views 0 comment Print

Read about the Bombay High Court’s ruling in the case of Sunlight Cable Industries vs. The Commissioner of Customs NS II And 2 Ors., directing the refund of IGST along with interest at 7%. Analysis of the court’s decision and its implications.

Provisional attachment u/s 83 of CGST ceases to exist after one year

July 5, 2023 1677 Views 0 comment Print

Bombay High Court held that provisional attachment under section 83 of the Central Goods and Services Tax Act, 2017 ceases to exist after a period of one year.

Escaped assessment of outward foreign remittances – HC Orders Re-examination of Material

July 5, 2023 624 Views 0 comment Print

Read the full text of the judgment in the case of Ashok Kumar Sinha vs ACIT, where the Delhi High Court sets aside the assessment order and notices issued under the Income Tax Act, directing a re-examination of the material provided by the petitioner and a fresh assessment by the Assessing Officer.

Official liquidator should be assisted by the erstwhile directors even after winding up

July 5, 2023 1692 Views 0 comment Print

Calcutta High Court held that though the official liquidator is now in-charge of the affairs of the company, the petitioners being the erstwhile directors are to assist the official liquidator in affairs of the company even after winding up.

Bail application dismissed in matter of dealing with prohibited drugs

July 5, 2023 768 Views 0 comment Print

Himachal Pradesh High Court dismissed the bail application of the petitioner and stated that the case is not fit for exercising discretionary power under section 438 of Cr.P.C. in the matter of dealing with prohibited drugs.

No Penalty for Bonafide Assessee if E-way Bill Expires on National Holiday

July 5, 2023 2847 Views 0 comment Print

In a significant ruling, the Hon’ble Calcutta High Court, in the case of Perfect Enterprise v. State of West Bengal [W.P.A. No. 532 of 2023 dated June 15, 2023], overturned a penalty order issued by the Adjudicating Authority and subsequently upheld by the Appellate Authority. The court held that no penalty should be imposed on a bonafide assessee if the e-way bill expires during the transportation of goods due to a national holiday.

HC Allows Challenge to Audit Report Despite Involvement in Auditor Appointment

July 5, 2023 3120 Views 0 comment Print

The Delhi High Court overturns a previous ruling, stating that participants can challenge the result of an audit. Learn about the Court’s rationale and its implications for the future.

Exclude Period from 01.03.2020 to 28.02.2022 for Calculating GST Refund Limitation Period: HC

July 5, 2023 8295 Views 0 comment Print

The Delhi High Court has granted a favorable judgment for GST refunds by excluding the period from March 1, 2020, to February 28, 2022, in the calculation of the limitation period.

GST: Advocate’s Presence allowed during Interrogation Under Section 70

July 5, 2023 4968 Views 0 comment Print

Read about the Bombay High Court’s recent judgment in Kamlesh Kumar Mishra vs State of Maharashtra, allowing an advocate’s presence during interrogation under Section 70 of the Maharashtra Goods and Service Tax Act, 2017.

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