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Delay at the end of the ARA may frustrate the investigation: HC

January 27, 2021 603 Views 0 comment Print

M/S Sdb Diamond Bourse Vs Union Of India (Gujarat High Court) Mr.Vyas is right to a certain extent that the issues raised by the writ­ applicants before the ARA have been gone into by the Commissioner in the Order in Original. In other words, the Authority, in its order dated 16th July 2020, has adjudicated […]

GST registration cancellation order cannot be passed without issuing SCN

January 27, 2021 1179 Views 0 comment Print

Syed Jafar Abbas Vs Commercial Tax Officer (High Court Gujarat) The subject matter of challenge in the present writ application is to the impugned order dated 04.06.2020 cancelling the GST registration of the writ applicant w.e.f. 24.10.2018. We need not delve much into the facts of this litigation as the order impugned deserves to be […]

Writ filed against constitutional validity of Section 16(4) of GST Act, 2017

January 27, 2021 11955 Views 0 comment Print

Surat Mercantile Association & 5 Other(S) Vs Union Of India & 2 Other(S) (Gujarat High Court) 1. We have heard Mr. Vinay Shraff, the learned counsel assisted by Mr. Parth Shah, the learned counsel appearing for the writ applicants. 2. The subject matter of challenge in the present writ application is to the constitutional validity […]

No rejection of SVLDRS application if opportunity of hearing was not provided to assessee

January 27, 2021 1467 Views 0 comment Print

Since in statement in Form SVLDRS­2, no specific notice for affording the opportunity of hearing was given to assessee with regard to variance of quantified amount, therefore, the officer was not justified in rejecting the application under Form SVLDRS­2A stating inter alia that, the application was not eligible under the category of investigation, enquiry or audit.

Bombay HC: Stayed Service Tax demand notice issued to CA based on ITR

January 27, 2021 22734 Views 2 comments Print

Bombay High Court in Amrish Rameshchandra Shah v. the Union of India & stayed show cause-cum-demand notice issued to a CA in a Writ Petition challenging service tax demand based on ITR data and issued notice to the Revenue Department.

GST Provisional Section 83 Attachment cannot be invoked if no pending proceedings

January 27, 2021 1203 Views 0 comment Print

Piyush Shamjibhai Vasoya Vs Union of India (Gujarat High Court) Indisputably, in the case on hand, no proceedings under Section 62 or Section­ 63 or Section ­64 or Section ­67 or Section ­73 or Section ­74 of the Act have been initiated or pending against the writ ­applicant. In the absence of pendency of any […]

HC Stays Service Tax payment on Mining lease/Royalty

January 25, 2021 3921 Views 0 comment Print

Zeenath Transport Company Vs Principal Additional Director General (Karnataka High Court) The petitioner is challenging the constitutional validity of Section 174 Central Goods and Services Tax Act, 2017 is ultra virus the constitutional (101st) Amendment Act 2016 being violative of Article 14/19/265 of the Constitutional of India and also sought for quashing the show cause […]

Unjust enrichment Principle not applies to pre-deposit under protest during appeal pendency

January 25, 2021 2904 Views 0 comment Print

The Daily Thanthi Vs Commissioner of Customs (Madras High Court) High Court held that amount deposited during the pendency of the appeals before the Hon’ble Supreme Court has to be construed as having paid ‘under protest’ and has to be refunded without insisting on such importer or manufacturer satisfying the requirement of “unjust enrichment” as […]

Validity of tax-Recovery just after passing of order of Appellate Authority

January 22, 2021 1602 Views 0 comment Print

H.M. Leisure Vs State of West Bengal (Calcutta  High Court) It is trite law that when an appeal provision has been provided under the statute, the Authorities are not allowed to recover the amount payable unless there are extenuating circumstances. In the present case the dispute is with regard to classification issue, and therefore, I […]

HC quashes order in Form ASMT-13 Without Opportunity of Being Heard

January 22, 2021 1800 Views 0 comment Print

Vidyarthi Construction Private Limited Vs State of Bihar (Patna High Court) We are of the view that the impugned orders dated 29.10.2018, 31.7.2019, 7.8.2019, 24.7.2019 and 20.8.2019 passed by the Respondent No.3, the Joint Commissioner of Sate Taxes, Danapur Circle, East Circle, Muzaffarpur in Form ASMT-13 need to be quashed and set aside, for the […]

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