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Extension granted as referring documents, collecting information and preparing reply like to take more time

January 13, 2023 2181 Views 0 comment Print

Telangana High Court granted two months time for submission of reply to the show cause notice. Further, stated that extended period of two months will be excluded for the purpose of computing period of 180 days under Section 5(3) of the Prevention of Money Laundering Act, 2002.

HC Quashes GST order passed by Commissioner (A) without considering points taken by petitioner 

January 13, 2023 1482 Views 0 comment Print

It is observed that vide impugned order passed by Additional Commissioner (Appeal), the appeal of the petitioner against the order passed by Assistant Commissioner of State Taxes under Section 74 of BGST Act, 2017; and summary of order in Form GST DRC-07 has been rejected without considering the points taken by the petitioner in gross violation of principles of natural justice.

HC quashes non-speaking order passed against two PAN numbers   

January 13, 2023 1863 Views 0 comment Print

Appellants to file a representation before assessing officer and explaining as to why two PAN numbers were obtained by appellants / assessee.

HC restores GST Registration as response to SCN not considered

January 13, 2023 1011 Views 0 comment Print

Not only GST registration cancellation order is non­speaking, but cryptic in nature and the reason of cancellation not decipherable therefrom. Principles of natural justice stand violated and the order needs to be quashed as it entails penal and pecuniary consequences.

HC issues notice on challenge to vires of Rule 118 being contrary to section 142(11)(c) of CGST Act

January 12, 2023 2787 Views 0 comment Print

HC issues notice on the challenge to the vires of Rule 118 being contrary to section 142(11)(c) of the CGST Act. The petitioner contends no such condition in the statute. The transitional provision is for smooth transition into the new taxation regime and intends to avoid double taxation.

Karnataka RERA has no Authority Over Projects Granted ‘Partial’ Occupancy Certificate Prior to Enforcement of RERA

January 12, 2023 4704 Views 0 comment Print

Provident Housing Limited Vs Karnataka Real Estate Regulatory Authority (Karnataka High Court) Brief Facts of the Case: The petitioner is engaged in the business of real estate development. On receiving respondent’s request to allot an apartment in the project, the petitioner entered into an agreement for sale and Construction with Respondent on 10/09/14. The proposed […]

VKC Footsteps judgment followed for refund of zero-rated supplies under rule 89(4)

January 12, 2023 6081 Views 0 comment Print

Orissa High Court held that Court does not consider it expedient to go beyond what is stated in Union of India Vrs. VKC Footsteps India Pvt. Ltd., (2022) 2 SCC 603 for the purpose of ascertaining quantum of refund in case of zero-rated supplies as prescribed under Rule 89(4) of the GST Rules .

Sufficiency/ correctness of material relied by AO for re-opening not to be considered

January 12, 2023 1521 Views 0 comment Print

Gujarat High Court held that when AO has reason to believe and have prima facie material for commencement of re-assessment proceedings, sufficiency/ correctness of the material is not a thing to be considered. Reopening justified.

HC allows rectification of GSTR-1 to correct Bonafide mistakes in furnishing of correct details of outward supplies 

January 12, 2023 15588 Views 0 comment Print

HC allows Rectification of GSTR-1 Returns for Bonafide mistakes in furnishing of correct details of outward supplies for the assessment years 2017-18, 2018-19 and 2019-20 in terms of Recent Circular No. 183/15/2022-GST

Section 153A: Approval of 123 cases by JCIT in one day cannot be said to be with application of mind

January 12, 2023 8181 Views 0 comment Print

In the instant case, the draft assessment orders in 123 cases, i.e. for 123 assessment years placed before the Approving Authority on 30.12.2017 and 31.12.2017 were approved on 31.12.2017

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