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GST Order passed without affording personal hearing cannot be sustained: Calcutta HC

January 12, 2024 4524 Views 0 comment Print

Calcutta High Court, highlighted importance of affording an opportunity of hearing as mandated by Section 75(4) of the WBGST/CGST Act. The court emphasized that the absence of compliance with this statutory mandate renders the order unsustainable. 

Absence of a specified date, time, or venue for personal hearing in notice renders order unsustainable

January 12, 2024 1680 Views 0 comment Print

Allahabad High Court’s ruling supported notion that absence of a specified date, time, or venue for personal hearing in notice renders order unsustainable.

GST Notice Invalid as Sent to Wrong Email, Not Assessee’s Email Address: Madras HC

January 11, 2024 984 Views 0 comment Print

R. Soundararajan & Co. challenges GST order in Madras High Court. Notice sent to wrong email, violating natural justice. Detailed analysis of the case and court’s directive.

Secured creditor will have first charge over state/ central government

January 11, 2024 1242 Views 0 comment Print

Gujarat High Court held that charge in favour of secured creditor would precede over the unsecured creditor. Thus, secured creditor will have first charge over the property as against State Government (crowns debt).

Writ Petition Not Entertainable as alternative remedy of appeal is available: Andhra Pradesh HC

January 11, 2024 456 Views 0 comment Print

Smt Gali Lavanya challenges tax order in Andhra Pradesh HC. Court deems writ petition not maintainable due to available appeal. In-depth analysis and directives.

GST Registration Can’t be Retrospectively Canceled Due to Non-Filed Returns

January 11, 2024 4380 Views 0 comment Print

Delhi High Court examines GST registration cancellation with retrospective effect. Non-filing of returns analyzed. In-depth judgment analysis and directives.

Registration & Driving License Required for Heavy Earth Moving Vehicles under MV Act Section 2(28)

January 11, 2024 1089 Views 0 comment Print

The issue of vehicle including Haulpak Dumpers, Water Sprinklers, Excavators, Dozers, Drillers, etc., were substantial in size and incapable of plying on roads was taxable or not depends upon the test as to whether the vehicle was proposed to be used for transporting goods from one place to another.

GST Registration cancellations must be based on objective criteria and not be a mechanical process

January 11, 2024 12330 Views 0 comment Print

Delhi High Court’s judgment on GST registration cancellation with retrospective effect in case of Sharda Metal Works. Learn about legal intricacies and implications.

Calcutta HC stays Recovery without Pre-Deposit Amid GSTAT Non-Constitution

January 11, 2024 1422 Views 0 comment Print

Calcutta High Court’s stay on recovery proceedings without pre-deposit due to the non-constitution of GST Tribunal in Jaskaran Lunawat Vs State of West Bengal & Ors.

DVAT: Coconut Oil sold as Hair Oil cannot be classified as Edible Oil

January 11, 2024 1020 Views 0 comment Print

Since the coconut oil was sold by assessee in small packs; was displayed in the category of hair care; the manner in which it was to applied on hair; and the purpose for which it was purchased by the consumer leave no manner of doubt that the coconut oil sold by assessee was classifiable in a residual entry attracting tax at the rate of 12.5% .

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