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GST: Penalty Only for Quantity Shortage, Not Entire Consignment

July 3, 2023 3675 Views 0 comment Print

Review of the Calcutta High Court’s judgment in the case Usha Gupta Vs Assistant Commissioner of Revenue, exploring the implications for penalties in instances of shortage in consignment quantity.

PMLA Case: HC Dismisses Demand for Certified Copies of Documents

July 3, 2023 1260 Views 0 comment Print

The Punjab and Haryana High Court has dismissed a petition requesting certified copies of documents in the case of Manpreet Singh Vs State of Punjab. The court determined that the request had become infructuous due to subsequent events.

Non-Cooperation during Assessment Leads to GST Rectification Rejection

July 2, 2023 1647 Views 0 comment Print

Madras High Court rules on Seoyon E-Hwa Summit Automotive India’s case, justifying rejection of rectification application under CGST Act due to assessee’s lack of cooperation during assessment process.

Personal Hearing Cannot Be Denied Without Assessee Confirmation

July 2, 2023 2592 Views 0 comment Print

Allahabad High Court in Mohini Traders v. State of U.P., held that assessing authority must provide an opportunity for a personal hearing before passing an adverse order, regardless of whether assessee explicitly requested it

Validity of GST Refund Applications Pre-Policy for Unregistered Persons

July 2, 2023 1188 Views 0 comment Print

Judgment by Bombay High Court in C.P. Rabindranath Menon v. Deputy Commissioner of State Tax, which allows unregistered persons to claim GST refunds for the period before issuance of a refund policy.

Vehicles used in Central Deposit Yard is not leviable to motor vehicle tax

July 1, 2023 993 Views 0 comment Print

Held that the petitioner is plying the vehicles in the Central Deposit Yard premises itself proves that the premises does not fall under the definition of ‘public place’ as under Section 2 sub Section (34) of the Act. Hence, motor vehicle tax not leviable.

Guidelines relating to tax on works contract executed prior and after 01.07.2017

July 1, 2023 1362 Views 0 comment Print

Karnataka High Court provided guidelines relating to applicability of tax on works executed prior to 01.07.2017 and works executed after 01.07.2017 in case of where work contract is executed between the petitioners and the State/ other Government agencies.

AP HC grants stay in VAT proceedings as notice was without Jurisdiction

July 1, 2023 891 Views 0 comment Print

In the case of Kalpataru Project International Ltd Vs Union of India, the Andhra Pradesh High Court examines the jurisdiction issue regarding a notice proposing revision of VAT refund. Stay of proceedings is granted until further orders. Get the full judgment and analysis in this article.

Granting 12 hours to reply to a SCN is violation of the principles of Natural Justice

July 1, 2023 5013 Views 0 comment Print

HC set aside the assessment order and held a proper opportunity must be given to the Assessee whenever a Show cause notice or an assessment order is issued and further commented that it is very difficult to file a reply to the Show Cause Notice within 12 hours.

No involvement of tea supplier in smuggling of poppy seeds – HC directs release of Tea Consignment

June 30, 2023 483 Views 0 comment Print

The recent ruling from the Calcutta High Court in the case of Madalyns Tea Enterprise Vs Senior Joint Commissioner provides key insights into the issue of smuggling and bogus E-Way Bills. Learn about the Court’s decision on releasing a detained tea consignment amidst allegations of poppy seed smuggling.

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