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HC direct GST authorities to decide on release of IGST & Duty Drawback

August 13, 2020 903 Views 1 comment Print

High Court direct GST authorities to decide Question of IGST & Duty Drawback

HC dismisses plea to include masks & sanitizers in Essential Commodity

August 13, 2020 753 Views 0 comment Print

Gaurav Yadav & Anr. Vs Union of India & Ors. (Delhi High Court) (a) What items are to be included under the Essential Commodities Act, 1955 as ‘Essential Commodity’, is a policy decision of the respondent/Government and, therefore, unless the decision can be shown to be manifestly unreasonable or arbitrary, this Court will be extremely […]

Not allowing personal hearing to petitioner violates principles of natural justice

August 13, 2020 1875 Views 0 comment Print

CSK Realtors Limited Vs ACST (Telangana High Court) The court is of the opinion that the opinion that the 1st respondent ought to have provided a personal hearing to the petitioner, since the petitioner requested for it specifically in its objections dt.18.02.2020 filed by it to the show cause notice issued on 31.01.2020 to it […]

No presumption that delay in approaching Court is always deliberate

August 13, 2020 1500 Views 0 comment Print

Thunuguntia Jagan Mohan Rao Vs DCIT (Telangana High Court) The issue under consideration is whether rejection of application of condonation of delay by the ITAT is justified in law? High Court states that, it held that there is no presumption that delay in approaching the Court is always deliberate and the words ‘sufficient cause’ under […]

Onus on revenue to prove that CA Certificate is False Statement

August 13, 2020 3729 Views 0 comment Print

whether Sales Return transactions which are erroneously shown it in sales tax return as sales can be rectified eventually after submission of CA certificate alongwith the concern Invoice memos?

Allow to submit GST TRAN- 1 Form electronically or manually: HC

August 13, 2020 1503 Views 0 comment Print

M/s. Sri G K Exim Vs Deputy Commissioner (Andhra Pradesh High Court) In W.P. No. 3298 of 2019, a similar issue came up before the Division Bench of this Court for consideration. Relying upon the judgments in Uninav Developers Pvt Ltd., v. Union of India & Others [2019-VIL-367-DEL], Bhargava Motors v. Union of India [2019 […]

GST evasion accused released by HC on furnishing Personal Bond of Rs.10 Lakhs

August 13, 2020 1065 Views 0 comment Print

Kishore Wadhwani Vs. State of M.P. (Madhya Pradesh High Court) The petitioner filed the petition seeking released from the court against the allegations under section 439 of the Cr.P.C. in crime no.23/2020 registered under section 132(1)(a) (i) of the Goods and Services Tax Act. The petitioner, is Director of a Media Company, which publishes a […]

Industrial Incentive Policy 2006 announced by Bihar Government covers subsidy on entry tax

August 13, 2020 1941 Views 0 comment Print

Gangotri Iron and Steel Co. Ltd. Vs The State of Bihar (Patna High Court) Facts- The petitioner is engaged in the business of manufacturing M. S. Billets TMT Steel Bars and Industrial Oxygen Gas. The petitioner stated that the respondent (State of Bihar) had announced Industrial Incentive Policy 2006. The petitioner stated that policy provides […]

Amendment to Section 40(a)(ia) by Finance Act 2010 was retrospective

August 12, 2020 1218 Views 0 comment Print

CIT Vs Archean Granites Private Ltd. (Madras High Court) The purpose of the amendment made by the Finance Act, 2010 is to solve the anomalies that the insertion of section 40(a)(ia) was causing to the bona fide tax payer. The amendment, even if not given operation retrospectively, may not materially be of consequence to the […]

Reopening of Assessment for Mere Change of Opinion is unjustified

August 12, 2020 2364 Views 0 comment Print

Whether the Tribunal was justified in holding that the reopening of assessment was a result of mere change of opinion, even when there is no opinion formed or expressed by the Assessing Officer on this issue in the original assessment?

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