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GST -Telephone & E-mails cannot substitute personal hearing: HC

March 8, 2021 9873 Views 0 comment Print

When the law requires that no application for refund shall be rejected without giving an applicant an opportunity of being heard, the same cannot be substituted by telephonic conversations and exchange of e-mails.

HC dismisses Assessment order for Violation of Natural Justice

March 8, 2021 1239 Views 0 comment Print

OSTRO Anantapura Private Limited vs State of Andhra Pradesh (Andhra Pradesh High Court) Coming to the aspect of violation of principles of natural justice clamored by the petitioner, the impugned order as well as the counter refers to certain notices. So far as CTO (Int), ATP Form VAT 304 dated 12.06.2016 (reference No.2 in the […]

HC issues COVID Guideline for compliance by all airlines & DGCA

March 8, 2021 789 Views 0 comment Print

The DGCA is directed to reflect, forthwith, on its website, prominently, the instructions containing the guidelines and protocols to be followed by passengers and in-flight crew in domestic flights. This shall be reflected on the main website of the DGCA, without requiring the person accessing the site to navigate through various links to reach the instructions.

Income from Sale of Carbon Credit is capital receipt & not business income

March 8, 2021 2250 Views 0 comment Print

CIT Vs Ambika Cotton Mills Ltd. (Madras High Court) Whether on the facts and circumstances of the case, the Tribunal was right in holding that the proceeds realized by the assessee on sale of Certified Emission Reduction Credit, which the assessee had earned on the Clean Development Mechanisam in its wind energy operations, is a […]

Pre GST Works Contracts – Enhanced GST rates shall be borne by the awarder – Madras HC

March 8, 2021 10014 Views 0 comment Print

In case of a works contractor who entered in to the contract before the introduction of GST, he is liable to pay tax applicable to the previous VAT regime only but the differential tax liability (GST) has to be   borne by the awarder.

Rectification was justified in case Tribunal’s ignorance of material on record was a mistake apparent on record

March 7, 2021 1914 Views 0 comment Print

Concerning the scope of section 254, ignoring the material already on record on the part of  Tribunal was a mistake apparent on the face of the record. Thus,  Tribunal had rightly recalled its order and rectified the mistake and it had rightly set aside the additions under Section 68. 

HC permits manual amendment in Bill of Entry when ICES portal not supports such amendment

March 5, 2021 7644 Views 0 comment Print

Hindustan Unilever Limited Vs Union of India (Madras High Court) Bill of Entry amendment in manual form when ICES portal not supports such amendment: In a case involving erroneous mention of GSTIN in the Bill of Entry, the Madras High Court has allowed manual correction. The Petitioner’s request for amendment of GSTN in Bill of […]

Confiscation order in Form GST MOV 11 passed: HC ask appellant to file appeal against final order of confiscation

March 5, 2021 3333 Views 0 comment Print

Sakul Nazar Mohmd Vs State of Gujarat (Gujrat High Court) Mr. Varis Isani, the learned counsel appearing for the writ applicant informs this Court that during the pendency of this writ application, the final order of confiscation in Form GST MOV 11 has already been passed. In that view of the matter, we relegate the […]

Limitation not applicable to refund of customs duty paid in excess

March 5, 2021 7257 Views 0 comment Print

DHL Express India Pvt Ltd Vs Commissioner of Service Tax (Karnataka High Court) In the present case, duty of customs payable on the transaction in question under the statute is Rs.4,743/-, which has been admitted by the respondent and on account of erroneous calculation, the duty has been paid in excess to the tune of […]

HC grants bail to accused arrested by ED under PMLA

March 5, 2021 2307 Views 0 comment Print

Assesssee was admitted to bail linked to bank loan fraud arrested by the Enforcement Directorate under the Prevention of Money Laundering Act, 2002 (PMLA) on his furnishing personal bond in the sum of Rs. 1,00,000/- with one surety of the like amount to the satisfaction of Trial Court as  it was not the case of the prosecution that the accused was of such character and stature that his mere presence at large would intimidate the witnesses and there was no material on record to show that if released on bail, he would tamper with the evidence or subvert the course of justice.

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