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Parallel GST Proceedings by different Wings of Same department for same Period not Permissible

October 13, 2022 6549 Views 0 comment Print

R. P. Buildcon Private Limited & ANr. Vs Superintendent, CGST & CX (Calcutta High Court) As could be seen from the records placed before this Court, we find that three wings of the same department are proceeding against the appellants for the very same period, i.e. financial years 2017- 2018, 2018-2019 and 2019-2020. The learned […]

Section 21 of Arbitration Act Must be complied with before Invoking Court’s Jurisdiction

October 13, 2022 19644 Views 0 comment Print

West Bengal Power Development Corporation Limited Vs Sical Mining Limited (Calcutta High Court) In this case application under Section 11 of Arbitration and Conciliation Act, 1996 has been filed to appoint the sole arbitrator to decide the dispute between the parties. Learned Counsel for the respondent has raised an objection that no notice making a […]

Denial of ITC due to cancellation of registration of supplier of goods with retrospective effect

October 12, 2022 10392 Views 0 comment Print

ACIT Vs LGW Industries Limited & ors. (Calcutta High Court) Hon’ble Division Bench of Calcutta high Court has dismissed the appeal of the department vide its judgment dated 16th September, 2022 in a dispute relating to denial of Input Tax credit due to cancellation of registration of supplier of goods with retrospective effect. Hon’ble single […]

Look Out Circular unjustified in absence of adverse effect on economic interest of India

October 12, 2022 4773 Views 0 comment Print

Punjab and Haryana High Court held that as there is no adverse effect on the economic interest of India, recourse couldnt be taken for coercive process like issuance of Look Out Circular (LOC) interfering with the constitutional right to travel abroad.

Section 263 revision quashable if assessee duly produced all necessary details: HC

October 11, 2022 1125 Views 0 comment Print

It appears that after completing the assessment the assessing officer addressed the PCIT stating that certain error has occurred in the assessment order and requested him to review the order under section 263 of the Act.

Levy of NCCD in absence of excise duty is not bad in law

October 11, 2022 2760 Views 0 comment Print

Karnataka High Court held that National Calamity Contingent Duty (NCCD) is a surcharge and can be levied even in absence of levy of excise duty.

Whether refund claim was time barred or not to be reconsidered as Limitation of 2 Years started from the insertion of Rule 89(1A)

October 10, 2022 3684 Views 0 comment Print

Since the impugned order of rejecting the refund claim was passed on 23.11.2020 and this Circular came to be issued on 25.09.2021 giving a clarification as to the date for claiming refund under Section 89 of the CGST Act, and Section 19 of the IGST Act, 2017, therefore, the matter was remanded back to the authority to deal with the refund application in the light of the Circular No.162/18/2021-GST dated 25.09.2021, issued more particularly with regard to the applicability of the Circular issued by the Government, and then pass orders in accordance with law.

HC direct CBIC to clarify eligibility under SVLDRS, 2019 when tax dues been paid in full

October 10, 2022 999 Views 0 comment Print

Sigma Construction Co. Vs UOI (Madhya Pradesh High Court) The issue whether in cases when  tax dues have been paid in full, are eligible under SVLDRS, 2019 for waiver of interest or not. Hon’ble High Court directed CBIC to dwell upon the question and issue a clarificatory circular/instruction so that ambiguity prevailing in the field […]

Revocation of cancelled registration: HC directs dept for opening of GST portal for Tax payment & return filing

October 8, 2022 2871 Views 0 comment Print

Shree Hari Printers Vs Commissioner, Commercial Taxes & GST (Orissa High Court) HC issued direction to the department for opening of GST portal for payment of tax and other dues and to enable filing of GST returns so as to consider application for revocation of cancelled GST registration of the petitioner. FULL TEXT OF THE […]

Criminal proceedings can be initiated by bank even after SARFAESI proceedings

October 8, 2022 4602 Views 0 comment Print

Karnataka High Court held that once an account is declared to be a fraud, bank can initiate criminal proceedings even after initiation of proceedings under SARFAESI Act and having a recovery certificate

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