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PIL challenging constitution of AAR – HC issues Notice to Government

November 25, 2020 1842 Views 0 comment Print

Rajendra Kumar Duggar Vs Union of India & Ors. (Calcutta High Court) Hon’ble Calcutta High Court has issued notice to Centre and State Government in a PIL filed by CA Rajendra Kumar Duggar wherein the petitioner has challenged the constitution of the Authority of Advance Ruling and Appellate Authority for Advance Ruling constituted under the […]

No detention of good for mere mismatch in Value in e-way bill

November 25, 2020 4188 Views 0 comment Print

P. H. Muhammad Kunju And Brothers Vs Assistant State Tax Officer (Kerala High Court) No detention on the ground that the value mentioned in delivery challan to job worker mis-matched with value mentioned in e-way bill from job worker In a case where the goods were detained during transit since there was a mismatch between […]

Lack of legally trained mind, manifest arbitrariness in revocation of GST registration: HC

November 24, 2020 2136 Views 0 comment Print

Read about Ansari Construction vs Additional Commissioner GST case. Unnecessary harassment, incorrect show cause notice, and arbitrary decisions highlighted. Full court order

Assessment u/s 153C cannot be made in absence of incriminating documents discovered during search

November 24, 2020 2001 Views 0 comment Print

PCIT Vs S.R.Trust (Madras High Court) Conclusion: In the absence of any incriminating documents or evidence discovered during the course of search under Section 132 in the case of searched person against the assessee, the jurisdiction under the provisions of Section 153C could not be assumed. Held:  Assessee was a charitable trust registered under Section […]

Provisional attachment order valid if Assessee not filed objection against Notice

November 24, 2020 1389 Views 0 comment Print

R. J. Exim And Another Vs Principal Commissioner Central Goods And Service Tax (Allahabad High Court) From the perusal of Section 74(5) of the Act, it is evident that a person chargeable with tax may, before service of notice under sub-section (1), pay the amount of tax and interest under Section 50 and penalty @ […]

GST: Provisional attachment of Bank A/C & FD to protect interest of revenue was justified

November 24, 2020 1467 Views 0 comment Print

R. J. Exim And Another Vs Principal Commissioner Central Goods And Service Tax (Allahabad High Court) From the perusal of Section 74(5) of the Act, it is evident that a person chargeable with tax may, before service of notice under sub-section (1), pay the amount of tax and interest under Section 50 and penalty @ […]

HC set aside GST Refund cancellation order as FORM GST RFD-02 was not issued

November 24, 2020 2976 Views 0 comment Print

SHCPLRJV Vs ACCT (Andhra Pradesh High Court) Having regard to the fact that there is a default in compliance of Rule 90(1) read with para 2(d) of Circular No. 79, and since the acknowledgment in FORM GST RFD-02 was not issued within 15 days, the order under challenge is set aside and the matter is […]

HC permits common trial of 3 cases of not declaring foreign account

November 24, 2020 954 Views 0 comment Print

The genesis of trial of three petitions before the trial court is the complaint bearing CC No.511538/16 (Old CC No.131/2014), under Section 276-D of the Income Tax Act dated 28th February, 2015 and the other two complaints rest on the same. Whether the petitioner is holding a foreign account or not is a matter of trial in the first complaint and the assumption that he holds an undisclosed foreign account, which forms basis of other two complaints, is also subject matter of trial.

Rajasthan HC grants bail to person accused of wrongfully availing ITC under GST

November 24, 2020 1005 Views 0 comment Print

Subhash Chandra Tyagi Vs Directorate General Of Goods And Service Tax (Rajasthan High Court) The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with Criminal Complaint No. DGGI /320/ Gr.I/ INV/ GST/ SCT/ 15/2019 registered at Chief Metropolitan Magistrate (Economic Offences Court), District Jaipur for the […]

Covid 19: Advocates cannot be asked to appear physically before court

November 24, 2020 765 Views 0 comment Print

V. M. Singh Vs Madan Lal Mangotra (Delhi High Court) In view the advisories issued by the High Court, petitioner cannot be asked to appear physically unless the advisory is modified by the High Court, however, recently the High Court has issued a fresh advisory that in case parties do not appear even through virtual […]

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