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No Bank account seizure of petitioner if no material to implicate him in alleged fraudulent transaction

November 4, 2020 945 Views 0 comment Print

Glonia Impex Vs Assistant Commissioner (SIIB) (Kerala High Court) The petitioner who is stated to be a supplier of diamonds, and a registered dealer under the Goods and Service Tax Act, within the jurisdiction of Mumbai, states that he had supplied diamonds to M/s. Nebal Tradings during the period 2017-18 and 2018-19 and the said […]

GST TRAN-1 Form Revision application rejection without hearing arguments was unjustified

November 3, 2020 2694 Views 0 comment Print

R.P. Foam Pvt. Ltd. Vs Union of India (Allahabad High Court) In view of the submissions made at the bar and on perusal of the order dated 22.1.2020, it is clear that the rejection of the application is based upon the understanding that the GST TRAN-1 could not be filed on account of technical glitch […]

Only DGFT Empowered to Suspend & Cancel IEC Number

November 3, 2020 12105 Views 0 comment Print

Blocking of importer exporter code of the petitioner by any authority other than the Director General of Foreign Trade or by his authorized officer under section 8 of the Foreign Trade (Development and Regulation) Act, 1992 would be unauthorized, unwarranted and without jurisdiction.

Statutory appeal remedy cannot be overridden by subordinate legislation providing for supplementary remedy

November 3, 2020 1479 Views 0 comment Print

Commissioner of Customs (II)  Vs Poonam Courier Pvt. Limited  (Bombay High Court) Remedy of appeal to the CESTAT is provided under section 129A of the Customs Act i.e., by the parent enactment. This right of appeal is a substantive right of an aggrieved person. It is not a matter of procedure but is a vested right […]

HC: Power To Conduct Service Tax Audit is saved under GST Act

November 3, 2020 4317 Views 0 comment Print

Vianaar Homes Private Limited Vs Assistant Commissioner CGST (Delhi High Court) Conclusion: Authorities had power under Section 174(2)(e) of the CGST Act, 2017 to institute any investigation, inquiry, verification, assessment proceedings, adjudication, etc. under Rule 5A of the Service Tax Rules. Held: Assessee-company was engaged in the business of construction of residential complexes since its […]

In Section 263 Assessment AO cannot go beyond Directions of CIT: Madras HC

November 3, 2020 3327 Views 0 comment Print

CIT Vs Lakshmi Machine Works Ltd. (Madras High Court) The issue under consideration is whether the AO can go beyond the directions of CIT, even though during the course of fresh assessment proceedings, it is open to the AO to examine any items other than specific item ? High Court states that, the jurisdiction exercised […]

Transitional Credit Issue- HC instructs petitioner to file representation

November 2, 2020 774 Views 0 comment Print

Urbanize Developers India Private Limited Vs Assistant Commissioner of Commercial Taxes (Karnataka High Court) 1. The petitioner, a private limited company which is registered with GST Authorities with the State of Karnataka, has filed this writ petition for a direction to the Assistant Commissioner of Commercial Taxes, GSTLVO-60 [the respondent] to consider the petitioner’s representations […]

HC allows Appeal under PVAT on deposit of 10% total demand instead of 25%

November 2, 2020 2532 Views 0 comment Print

Kelmar (India) Exports Vs State of Punjab and others (Punjab and Haryana High Court) Admittedly, the first appeal was filed by the petitioner along with an application for waiving off pre-deposit amount of 25%. The appeal was dismissed by the Deputy Excise and Taxation Commissioner (Admin), Ludhiana Division, Ludhiana on the ground that the petitioner […]

HC Grants Interim Relief to Class A Contractor from Being exposed to Recovery of Tax Demand

November 2, 2020 1056 Views 0 comment Print

Chhattisgarh High Court Grants Interim Relief To Class A Contractor From Being Exposed To Recovery of Tax Demand under the VAT Act and Central Sales Tax Act .

Rejection of Claims of Sales or Returns Merely on the Assumption of Failure to Produce Documentary Evidence Not Justified

November 2, 2020 2427 Views 0 comment Print

The issue under consideration is whether officers can reject claims of sales or returns merely on the assumption of failure to produce documentary evidence? HC is of the view that the exercise of reconciliation has not been conducted in the manner as required by law. The impugned assessments are thus set aside.

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