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GST registration application: Department cannot demand additional documents other than prescribed 

December 20, 2022 1767 Views 0 comment Print

State of Kerala Vs West Bengal Lottery Stockists Syndicate Private Limited (Kerala High Court) Kerala high court In the case of West Bengal Lottery Stockist Syndicate Pvt Ltd, HC held that Such clarification include information to ascertain the legality of the business proposed to be conducted by the applicant, but it does not include furnishing […]

Violation of natural justice is not fatal in all situations: Bombay HC

December 20, 2022 1926 Views 0 comment Print

HC held that violation of natural justice is not fatal in all situations and a wholistic view should be taken of the issue, such that the interests of all parties are properly balanced.

HC grants IGST refund with interest where details were incorrectly reported in GSTR-1

December 20, 2022 1509 Views 0 comment Print

High Court Grants IGST refund with interest to petitioner in respect of various export invoices of FY 2019-20 for which details were incorrectly reported in GSTR-1.

Seized documents/ book/ things can be retained for maximum four and half years

December 19, 2022 3696 Views 0 comment Print

Delhi High Court held that combine reading of provisions of reading of sections 67(2) second proviso, 67(3), 74(2), 74(10) clarifies that seized documents or book of things can be retained for a maximum period of four and half years.

Bail granted in absence of grounds to believe that Applicant is guilty

December 19, 2022 3351 Views 0 comment Print

Delhi High Court held that there are reasonable grounds to believe that the Applicant is not guilty of the offence. Further, the Applicant is also not likely to commit any offence while on bail. Accordingly, bail granted.

Refund not granted due to limitation of GSTN software is untenable in law

December 19, 2022 1434 Views 0 comment Print

Gujarat High Court held that refund is available under Section 54(6) of the CGST read with Section 91(2) of the CGST Rules however due to limitation of GSTN software the same is not granted. Refund allowed along with interest @6%.

Provisional attachment of bank account released against furnishing of bank guarantee

December 18, 2022 5286 Views 0 comment Print

Gujarat High Court held that it is satisfied that provisional attachment is hindering the continuation of business of the petitioner, hence continuation of provisional attachment not necessary as the interest of revenue can be safeguarded by furnishing of a bank guarantee.

Order passed ex-parte and violating principle of nature justice is bad in law

December 16, 2022 2421 Views 0 comment Print

Patna High Court held that order is bad in law and liable to be quashed as the same was passed in violation of principle of natural justice i.e. without providing fair opportunity of hearing and order was passed e-parte without assigning sufficient reasons.

Exemption u/s 5(3) of CST Act cannot be invalidated for non-production of agreement between Indian exporter and foreign buyer

December 16, 2022 2523 Views 0 comment Print

Orissa High Court held that exporter duly discharged its burden as details duly supplied and hence mere non-production of agreement entered into between the Indian Exporter and the Foreign Buyer would not invalidate the claim of the petitioner-penultimate seller for exemption under Section 5(3) of the CST Act.

Petition before High Court maintainable during pendency of formation of GST Appellate Tribunal

December 15, 2022 2460 Views 0 comment Print

Manappuram Finance Ltd. Vs Assistant Commissioner (Kerala High Court) Kerala High Court held that as the GST Appellate Tribunal is yet to be constituted, the petitioner entitled to exercise jurisdiction of the High Court under Article 226 of the Constitution of India. Facts- The petitioner is a non-banking finance company and is an assessee under […]

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