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MSME Council Finding on its Jurisdiction is Not an Interim Award

June 17, 2022 2391 Views 0 comment Print

Board of Trustees for Syama Prasad Mookerjee Port Vs Marinecraft Engineers Private Limited (Calcutta High Court) The disputes between the parties pertain to the deductions made by the petitioner under diverse heads from the moneys which were due and payable to the respondent. The respondent being a unit entitled to the benefits of the Micro […]

Initiation of Reassessment Proceedings by Non-Jurisdictional ITO is invalid

June 17, 2022 927 Views 0 comment Print

Indus Towers Ltd Vs Income Tax Officer (Delhi High Court) Having perused the letter dated 9th May, 2022 written by the Income Tax Officer, Ward 6(2), Jaipur, this Court is of the view that the said Income Tax Officer had no jurisdiction to issue notice dated 14th March, 2022 to propose initiation of reassessment proceedings, […]

CBIC Clarificatory Circular Operates retrospectively & not Bring Anything New

June 17, 2022 7335 Views 0 comment Print

Sanjib Das Vs The Union of India (Gauhati High Court) First this Court would like to deal with the question as to whether the Circular dated 11.11.2021 is clarificatory in nature thereby clarifying the Master Circular No.1053/02/2017-CX dated 10.03.2017. A Perusal of the said Circular dated 11.11.2021 stipulates that the concept of pre-show cause notice […]

No Valid Sale Under Law If Sale Notice relied by Parties Has Been Set Aside

June 17, 2022 720 Views 0 comment Print

Ratnamani George Vs Authorized Officer, Canara Bank (Kerala High Court) This writ petition is filed seeking a direction to the respondent to confirm the sale of the property auctioned by the petitioners after accepting the balance bid amount. 2. According to the petitioners, lured by a publication in the website of the respondent intimating the […]

Receipt of tax invoice towards inward supply necessary under ISD

June 17, 2022 951 Views 0 comment Print

JSW Steel Ltd. Vs Union of India (Orissa High Court) In view of definition of “Input Service Distributor” contained in Section 2(61), it is necessary that the ISD as an office is required to receive tax invoices towards inward supply. Facts- The Petitioner, being engaged in the business of manufacturing and sale of hot and […]

Calcutta HC directs Sales Tax Dept. to accept ‘D’ Forms & allow concessional tax rate

June 17, 2022 681 Views 0 comment Print

Instant Writ Petition has been filed against action of Sales Tax Department concerned denying it concessional rate of tax on sales made by it

HC set aside GST order as opportunity of personal hearing not provided

June 17, 2022 1509 Views 0 comment Print

High Court  set aside the assessment order passed U/s.74 of the WBGST Act, as no opportunity of personal hearing was provided to the petitioners, although the same was specifically asked from the authorities.

Uploading or serving of a summary of show cause in Form GST-DRC-01 under rule 142(1) is mandatory

June 16, 2022 5217 Views 1 comment Print

Balaji Traders Vs State Tax Officer (Madras High Court) The uploading or serving of summary of show cause in Form GST-DRC-01 under Rule 142(1) is not a mere formality, but it is mandated under the Rule, so that, the Assessee would have a chance of getting summary of show cause and to respond the same […]

Notice under GST Rule 68 to be issued electronically or through post?

June 16, 2022 3735 Views 0 comment Print

Jabir Hasan Vs Assistant Commissioner of State Tax GST (Uttarakhand High Court) It is not disputed that Rule 68 of Central Goods and Services Tax Rules, 2017 provides for notice to the non filers of returns – a notice in form GSTR – 3A shall be issued electronically to a registered person who fails to […]

Order passed within 3 years from the due date of GST return not hit by limitation

June 16, 2022 1425 Views 0 comment Print

Quality Mart Vs Assistant Commissioner (ST) (Madras High Court) One of the ground raised by the petitioner dealer is that under Section 73 (10) of the TNGST Act, 2017 (Act) that the assessing officer should have passed an order within three years period from the due date for furnishing of annual return for the financial […]

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