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Jharkhand  HC grants interim protection from GST payment on mining royalty & allied charges

April 27, 2022 3366 Views 0 comment Print

Mandhan Minerals Corporation Vs Union of India (Jharkhand High Court) HC considered the submissions of learned counsel for the parties on the prayer for interim relief on the levy of GST on royalty /DMF. On consideration of the rival pleas in the canvass of facts and the legal propositions advanced by them, it is clear […]

Hospital not a charitable entity if it collects fees from patients who can afford 

April 27, 2022 6816 Views 1 comment Print

Institute of Franciscan Missionaries of Mary Vs Commissioner (Madras High Court) Merely because the petitioner is having certain out reach programmes which may be charitable in nature or that a section of patients are given free treatment would not automatically render the petitioner a charitable hospital. It would not mean that an exemption from payment […]

NFAC to be represented through jurisdictional PCIT

April 27, 2022 1761 Views 0 comment Print

Ashtnidhi Developers Vs National Faceless Assessment Centre Delhi (Bombay High Court) If NFAC is a party respondent, the cause title will state NFAC c/o. concerned Principal Commissioner of Income Tax and that Principal Commissioner of Income Tax shall accept service on behalf of NFAC. FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT 1] Ms […]

Jurisdiction for audit department to issue a notice called spot memo

April 27, 2022 4770 Views 0 comment Print

Ideal Unique Realtors Private Limited Vs Union of India (Calcutta High Court) From the records placed before us, we find that none of the proceedings initiated by the department has been shown to have been taken to the logical end. If, according to the respondents department, there is an irregularity in the availment of credit, […]

SCN for Cancellation of GST Registration cannot be vague

April 27, 2022 2412 Views 0 comment Print

Sanwariya Impex Vs State of Gujarat (Gujarat High Court) High Court observed that in this case Show cause notice and impugned order cancelling GST Registration are as vague as anything. The issue is covered by  decision of this Court in the case of Aggarwal Dyeing and Printing Works vs. State of Gujarat & 2 Ors., […]

Goods & Vehicles should not be detained merely for mistake in selection of ODC vehicle type while generating e-Way Bill

April 27, 2022 7443 Views 0 comment Print

Dhabriya Polywood Limited Vs Union of India (Gujarat High Court) The short point for our consideration is whether, in fact, it was a bona fide mistake on the part of the writ applicant, or whether it was a mischievous act with a view to derive some illegal benefit, as asserted by Mr. Sharma, the learned […]

GST Dept. to Reimburse Pre Deposit in View of CIRP of Binani Cement: HC

April 27, 2022 2994 Views 0 comment Print

Ultratech Nathdwara Cement Limited Vs Assistant Commissioner (Rajasthan High Court) This bunch of Sales Tax Revisions involves identical questions of facts and law and hence, the same is being decided together by a common order. These revisions have been preferred by the petitioner M/s. UltraTech Nathdwara Cement Limited for assailing the order dated 28.12.2020 passed […]

Unilateral Deposit Not Create Any Rights in Land if no Allotment letter issued

April 26, 2022 1929 Views 0 comment Print

High Court finds that merely by depositing amount unilaterally by the petitioner-firm, in absence of any allotment letter, would not create any right to claim allotment in its favour.

Section 270AA immunity cannot be availed in case of misreporting of income

April 26, 2022 6342 Views 0 comment Print

Ultimate Infratech Private Limited Vs National Faceless Assessment Centre Delhi & Anr. (Delhi High Court) 1. Only in cases where proceedings for levy of penalty have been initiated on account of alleged misreporting of income that an assessee is prohibited from applying and availing the benefit of immunity from penalty and prosecution under Section 270AA. […]

Owner can seek redemption of confiscated goods/conveyances even after confiscation order

April 25, 2022 3003 Views 0 comment Print

Shel Singh Purohit Vs Commercial Taxes Officer (Karnataka High Court) The text of provision of Sec. 129 of the Act provides for detention of the goods along with the transport vehicle and Sec.130 provides for the confiscation of the same on certain grounds, as contended by learned AGA is true; however, sub-section (2) of Sec. […]

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