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Mere noticing Conveyance at Wrong Destination Can’t Said to be a Contravention of CGST Act

November 6, 2020 8997 Views 0 comment Print

The issue under consideration is whether ‘Noticing the conveyance at a wrong destination’ without anything more can be said to be a contravention of the CGST Act?

Detention of goods & vehicle under GST: HC explains Provisions of Section 129 & 130

November 6, 2020 8901 Views 0 comment Print

Gokul P.G. Vs State of Kerala (High Court of Kerala at Ernakulam) Sections 129 and 130 are independent provisions, and that, while a detention of goods and vehicle under Section 129 could entail proceedings under Section 130, in situations where the detained goods/vehicle are not cleared by the owners thereof within a period of 14 […]

Providing Information regarding ongoing Income Tax investigation to informer is not appropriate: HC

November 6, 2020 2295 Views 0 comment Print

Principal Director, Income Tax Vs Rajiv Yaduvanshi (Delhi High Court) Moreover, in cases pertaining to Tax evasion petitions like the present case, this Court also exercises its powers sparingly and it is a well-settled principle that only the broad outcome of the Tax evasion petition may be communicated to the complainant, that too upon culmination […]

GST: HC direct authorities to release Goods provisionally

November 6, 2020 720 Views 0 comment Print

SB Traders Vs State of Gujarat (Gujarat High Court) It was pointed out that three months back, an application was fled under Section 67(6) of the Act for provisional release of the goods and the conveyance. However, according to the learned counsel, no orders have been passed on such application. We dispose of this writ […]

Notice in Form GST MOV-10 based on conjectures & surmises is not sustainable

November 6, 2020 2460 Views 0 comment Print

Explore the Gujarat High Court’s decision on Anant Jignesh Shah vs Union of India, highlighting the invalidity of a GST detention notice based on mere suspicion. Learn how the court quashed the notice under Section 130 of the CGST Act.

Input tax credit denial merely on technical grounds not justified

November 5, 2020 6237 Views 1 comment Print

Heritage Lifestyles and Developers And Pvt. Ltd. Vs. Union of India (Bombay High Court) This is a case, where admittedly Petitioner could not file GST TRAN-1 on or before 27.12.2017 but had manually applied for GST TRAN-1 on 7.5.2018 as per Circular dated 03.04.2018 within the timeline as per the date extended by this Court. […]

Goods can be seized if proper officer has reason to believe that such goods are liable to confiscation

November 5, 2020 2220 Views 0 comment Print

Mumbai Fabrics P. Ltd. Vs Union of India and Ors. (Bombay High Court) Question for consideration is whether the seized goods imported by the petitioner are old and used rubber tyres reusable as tyres or are old and used rubber tyres scrap being in pressed baled form? Evidently there is a dispute between the petitioner […]

HC Remand Back Matter to Designated Committee to take Decision Regarding Refund under SVLDRS

November 5, 2020 1443 Views 0 comment Print

Prathamesh Dream Properties P. Ltd Vs Commissioner of CGST & Central Excise & others (Bombay High Court) The issue under consideration is whether petitioner should have the benefit of relief as a declarant under the ‘pending litigation category’ and thus entitled to refund of the amount paid? High Court states that a careful and conjoint […]

Amount Determined by Adjudicating Authority in Original Order is Eligible for SVLDR Scheme

November 5, 2020 1467 Views 0 comment Print

The issue under consideration is whether in SVLDR scheme we need to show the amount mentioned in the show cause-cum-demand notice or the amount determined by the adjudicating authority in the original order?

HC upheld constitutional validity of Regulation 7A of IP Regulations

November 5, 2020 1557 Views 0 comment Print

V. Venkata Sivakumar Vs IBBI (Madras High Court) In this writ petition, the Petitioner challenges the constitutional validity of Regulation 7A of the Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016 (the IP Regulations) read with Bye-Law 12A of the Insolvency and Bankruptcy Board of India (IBBI) (Model Bye-Laws and Governing Board of […]

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