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Revenue cannot be restrained from collecting GST when Adverse Order sustains

September 6, 2022 903 Views 0 comment Print

An order has passed holding the issue adverse to interests of petitioner. So, prayer of petitioner for a mandamus forbearing respondents from levying, collecting or recovering GST does not arise.

Payment from electronic cash ledger under GST for SVLDRS allowed: HC

September 6, 2022 1104 Views 0 comment Print

Payment made by electronic cash ledger maintained by petitioner under CGST Act also amounts to payment through internet banking for SVLDRS: HC

Section 148 Reassessment notice after due application of mind is valid

September 6, 2022 2592 Views 0 comment Print

Shrikant Phulchand Bhakkad Vs JCIT (Bombay High Court) It was seen that the issue under consideration of the office had not been examined by the assessing officer while passing the assessment order. The transactions entered into by the assessee were non genuine and were carried out with a view to avoid paying tax. The assessee […]

Applicability of RTI Act to Govt Aided Educational Institutions run by societies – HC directs Commission to decide

September 5, 2022 3120 Views 0 comment Print

Whether the societies and the educational institutions (aided) run by the societies are subject to Right to Information Act, 2005?

Bombay HC issues directions on filing of GST TRAN-1/revised GST TRAN-1

September 5, 2022 2079 Views 0 comment Print

Unichem Laboratories Limited Vs Union of India (Bombay High Court) (a) All Petitioners, through their respective units/offices registered under CGST Act and/or State Acts, as the case may be, can avail this window and file GST TRAN-1/revised GST TRAN-1 at the units/offices between 01.09.2022 to 31.10.2022 in terms of the Hon’ble Supreme Court’s order in […]

Canvat carry forward under GST regime cannot be denied for late payment

September 5, 2022 1305 Views 0 comment Print

Assistant Commissioner of GST & Central Excise Vs Ganges International Private Limited (Madras High Court) High Court held that carry forward of service tax eligible for CENVAT in erstwhile regime cannot be denied for late payment can be denied under GST due to Transitional Period and inability of the petitioner to claim through filing FORM GST […]

Validity of an order has to be adjudged on the basis of reasoning contained therein

September 5, 2022 807 Views 0 comment Print

Lupin Ltd Vs Union of India (Jammu & Kashmir High Court) Initially, the petitioner was declared to be eligible for exemption/budgetary support till 05.02.2023 but after the subsequent investigation, in view of the order dated 26.07.2021, the petitioner’s unit was found eligible for such benefit only upto 06.11.2017. Therefore, the claim of the petitioner for […]

State cannot act arbitrarily while considering claim of citizens for grant of State largesse

September 5, 2022 1167 Views 0 comment Print

Ours being a Welfare State, the respondents who happen to be instrumentalities of the State under Article 12, cannot act arbitrarily or unreasonably whilst considering the claim of citizens for the grant of State largesse.

Section 143(1) order is not an Assessment for Section 147

September 5, 2022 4071 Views 0 comment Print

Ernst And Young U.S. LLP Vs ACIT (Delhi High Court) Supreme Court and this Court have repeatedly held that when the original proceeding has been completed under Section 143(1), there is no need for fresh tangible material for reopening the assessment and the doctrine of change of opinion does not arise since under Section 143(1) […]

No Bar on CENVAT Credit availment Under Rule 3(7) When CVD Availed

September 5, 2022 1338 Views 0 comment Print

Taking into consideration Notification No. 12/2012-Cus there is no bar for availment of CENVAT Credit in terms of the Rule 3(7) where duty paid under Notification No. 12/2012-Cus and CENVAT Credit cannot be denied.

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