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Importance of appellate remedy, at no circumstances, be undermined: HC

September 27, 2021 870 Views 0 comment Print

First Appellate Authority under TNVAT Act cannot travel beyond subject matter of assessment – Saint Gobain Glass India Ltd. Vs Appellate Joint Commissioner (CT) (Madras High Court)

Authorities shall provide opportunity of hearing before arriving at any figure in demand Notice

September 27, 2021 2226 Views 0 comment Print

In present facts of the case, the Hon’ble High Court quashed the recovery Notice issued by SEBI as no opportunity of hearing was provided to the petitioner and no mechanism/ calculation was provided by the recovery officer on the basis of which demand could be sustained.

Government Ban on Online Rummy was arbitrary & illegal: Kerala HC

September 27, 2021 3351 Views 0 comment Print

Notification pertaining to the ban on Online Rummy was declared as arbitrary, illegal and violative of the fundamental rights guaranteed to assessee under Articles 14 and 19(1)(g) of the Constitution of India and hence not enforceable.

HC Grants Bail to Money Laundering Accused

September 26, 2021 1584 Views 0 comment Print

Bhimendra Kumar Goyal Vs Enforcement Directorate (Andhra Pradesh High Court) Hon’ble Apex Court in catena of cases observed that while granting bail the Court has to keep in mind the nature of accusation, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances […]

Supply of goods without issue of Invoice- HC grant Bail to GST evasion accused

September 26, 2021 1125 Views 0 comment Print

Petitioner is found to have deliberately supplied goods without issuing invoices in violation of the provisions of AGST Act with intention to evade Tax during the period of 2019 to 2021.

Reopening after 4 Years in absence of failure of Assessee to disclose fully & truly all materials was invalid

September 26, 2021 1275 Views 0 comment Print

CIT Vs John Ettimootil Samuel (Madras High Court) The Tribunal, in our view, rightly took note of the fact that the reopening of the assessment was after four years and there was no tangible material to establish that the assessee failed to disclose fully and truly all materials, which are required for the assessment at […]

Enable filing of revised Form TRAN-1 by opening of portal: Madras HC

September 25, 2021 1920 Views 0 comment Print

Bharat Electronics Limited Vs Commissioner of GST & Central Excise (Madras High Court) Section 120A grants only one opportunity to the petitioner to rectify the Form TRAN-1 and there is, in my view, no basis for such restriction. In this case, the last dates for filing of TRAN-1, and seeking revision of the same are […]

GST Transitional credit: Rigid view should not be taken in procedural matters

September 25, 2021 837 Views 0 comment Print

In the present case, the error is seen to be inadvertent, constituting a human error. The Revenue does not dispute this either. Moreover, the era of GST is nascent and I am of the view that a rigid view should not be taken in procedural matters such as the present one.

Detention of goods – Delay in e-way bill – HC ask dept to pass speaking order

September 23, 2021 2019 Views 0 comment Print

AB Traders Vs State of Gujarat & 1 Other(S) (Gujarat High Court) 1. The petitioner, which is a proprietorship firm, received order for purchase of arecanut from a buyer in New Delhi. The petitioner appointed transporter for such transportation. It was specifically conveyed to the transporter that movement of goods was to be commenced only […]

Merely for numbering appeal filed with CESTAT cannot be treated under arrears category to deny SVLDRS benefit 

September 23, 2021 981 Views 0 comment Print

R.Shanmugam Pillai & Sons Vs Designated Committee (Madras High Court) No denial of SVLDRS benefit by treating assessee under arrears category on basis of numbering of appeal and pending adjudication before CESTAT Conclusion: Even though assessee filed an appeal on 10 days prior to the cut off date before the CESTAT, therefore, on 30.06.2019, in […]

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