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HC set-aside order for non-consideration of reply due to administrative delays in ITBA-PAN system

January 15, 2024 522 Views 0 comment Print

Explore the recent ruling by the Madras High Court in N. Kannammal vs. Assessment Unit, highlighting the petitioner’s challenge against an unjust assessment order under Income Tax Act, 1961, dated 07.12.2022, and the court’s directive for a fresh consideration, emphasizing procedural fairness and natural justice.

Non-appearance for personal hearing on date fixed by GST Officer is not violation of natural justice

January 15, 2024 1353 Views 0 comment Print

In TSN Old Iron Scrap Merchants vs. Deputy Commissioner case, Andhra Pradesh High Court rules non-appearance at GST hearing doesn’t violate natural justice.

Penalty on re-seller unsustainable as classification done by importer adopted by re-seller

January 15, 2024 489 Views 0 comment Print

Kerala High Court held that as importer-seller classified the HSN 8443 3100, the purchaser/re-seller cannot be said to have wilfully classified the machines under a wrong head with the intention to evade payment of correct/higher rate of tax. Hence, penalty unsustainable.

 GST department obligated to provide a hearing if adverse decision was contemplated

January 14, 2024 4215 Views 0 comment Print

The Court observed that Section 75(4) explicitly requires an opportunity of hearing when an adverse decision is anticipated. Considering that both tax and penalties were imposed, and an adverse decision was contemplated, the Court held that the department was obligated to provide a hearing.

Assessee not entitled to avail remedy under writ petition when detailed order is passed by Revenue Department

January 13, 2024 4920 Views 0 comment Print

Explore the Madras High Court’s decision in Peter Tyres v. Assistant Commissioner of CGST & Excise, where a writ petition was dismissed due to the availability of statutory remedies. Learn about the rejection of Input Tax Credit and the court’s stance on discretionary jurisdiction. Know your options in similar situations.

CESTAT upholds duty drawback on bulk tea exports which was procured from Manufacturers

January 13, 2024 381 Views 0 comment Print

Read the detailed analysis of the Calcutta High Court judgment in Narendra Tea Company vs. Union of India, allowing the 100% EOU’s duty drawback claim on bulk tea.

Petitioner cannot be deprived of opportunity to object to retrospective GST Registration cancellation

January 13, 2024 474 Views 0 comment Print

Delhi High Court ruling favors taxpayer against retrospective GST registration cancellation. Detailed analysis of the order, implications, and next steps in this legal battle.

Post GST Registration cancellation Uploading Notice on Portal Insufficient: Allahabad HC

January 13, 2024 2418 Views 0 comment Print

Allahabad High Court rules on CGST registration cancellation – adequate notice must be served, not just portal uploading. Detailed analysis and implications.

Patna HC upholds 8% Sales Tax on ‘Korai’ as Residuary Item

January 13, 2024 270 Views 0 comment Print

Explore the Patna High Court’s judgment on Raj Kumar Sao Kishori Lal Sao vs. State of Bihar regarding ‘Korai’ taxation. Detailed analysis of purchase tax and cattle feed status.

Denial of budgetary support scheme to industrial units not required to register under Central Excise unjustified

January 13, 2024 453 Views 0 comment Print

Gauhati High Court held that industrial units which was not required to be registered under the Central Excise Act, either due to low threshold limit or as manufacturing goods that were exempted, cannot be denied benefit of budgetary support scheme.

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