Follow Us:

All High Courts

GST: Interest & penalty – After opting Section 74 there cannot be variance to suit convenience of Assessee

September 30, 2020 4029 Views 0 comment Print

Muhammed Kochukudiyil Ishabeevi Alias Isha Shaefi Proprietress Nadiya Timbers Vs State Tax Officer (Intelligence) (Kerala High Court) Contention of the petitioner that she should be exempted from the requirement of paying interest and penalty while availing the option of payment of tax for the purposes of avoiding the show cause notice cannot be accepted. The […]

Financial difficulties cannot be a ground for non/delayed payment of wages

September 29, 2020 4566 Views 0 comment Print

Hind Kamgar Sanghatana  Vs. State of Maharashtra (Bombay High Court) Payment of due wages to a workman is a statutory right under section 5 of the Payment of Wages Act &  is a fundamental right of a worker under Article 21 of the Constitution. Financial difficulties of employer cannot be a ground for non-payment or […]

No section 50 interest on GST payment made through input tax credit

September 29, 2020 20958 Views 0 comment Print

Maansarovar Motors Private Ltd. Vs Assistant Commissioner (Madras High Court) Conclusion: Every person who is liable to pay tax in terms of the Act shall remit the tax either in cash or by way of adjustment of credit available in the Input Tax Credit (ITC) register. Where delay is made in remitting the tax, no […]

GST implementation being a “change in law” qualify as a force majeure event

September 29, 2020 13191 Views 0 comment Print

The Hon’ble Delhi High Court in National Highways Authority of India v. Sahakar Global Ltd. [O.M.P. (COMM) No. 486 of 2020 decided on September 29, 2020], dismissed the petition and refused to interfere with the arbitral award passed by the Arbitrator to pay the compensation for loss generated in revenue triggered by the reduced toll […]

Best Judgment Assessment cannot be Set Aside by Filing Return beyond specified Time Period

September 29, 2020 2049 Views 1 comment Print

The issue under consideration is whether the best judgement assessment can be set aside by filing revised return beyond specified time period?

GST registration cancellation order based on Vague SCN not sustainable

September 28, 2020 2724 Views 0 comment Print

Mahadev Trading Company Vs Union of India (Gujarat High Court) Perusal of the show cause notice indicates that to such show cause notice no response can be given by any assessee. The show cause notice is as vague as possible and does not refer to any particular facts much less point out so as to […]

HC Grant Bail to Petitioner allegedly involved in GST Evasion of upto Rs. 18 Crore

September 28, 2020 1182 Views 0 comment Print

In the instant case, the petitioner is requesting for bail against the offenses under Sections 132(1), (b), and (c) of Rajasthan Goods and Services Tax Act, 2017.

Settlement application cannot be treated as invalid if commission fells that Issue needs to be adjudicated

September 28, 2020 1908 Views 0 comment Print

DCIT Vs. Hitachi Power Europe GmbH (Madras High Court) The power to be exercised by the Settlement Commission under sub-Section (2C) of Section 245D is within a period of fifteen days’ from the date of receipt of the report of the CIT. This provision gives power to the Settlement Commission to declare an application as […]

No quashing of Detention Order for mere delay in Execution

September 27, 2020 2670 Views 0 comment Print

Mohd Nashruddin Khan Vs. Union of India (Delhi  High Court) The instant petition is filed by the petitioner to seek quashing of the respective Detention Orders. High Court state that the Supreme Court has held that the basis of detention is the satisfaction of the Executive – of a reasonable probability of the likelihood of […]

No Order Passed on Same Day of Hearing without Waiting for Assessee till End of Working Day

September 27, 2020 3690 Views 0 comment Print

whether passing the final assessment order on the same day when the matter was listed for hearing without waiting for the assessee till the end of the working day is justified in law?

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031