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All High Courts

No Penalty for Bonafide Assessee if E-way Bill Expires on National Holiday

July 5, 2023 1872 Views 0 comment Print

In a significant ruling, the Hon’ble Calcutta High Court, in the case of Perfect Enterprise v. State of West Bengal [W.P.A. No. 532 of 2023 dated June 15, 2023], overturned a penalty order issued by the Adjudicating Authority and subsequently upheld by the Appellate Authority. The court held that no penalty should be imposed on a bonafide assessee if the e-way bill expires during the transportation of goods due to a national holiday.

HC Allows Challenge to Audit Report Despite Involvement in Auditor Appointment

July 5, 2023 2157 Views 0 comment Print

The Delhi High Court overturns a previous ruling, stating that participants can challenge the result of an audit. Learn about the Court’s rationale and its implications for the future.

Exclude Period from 01.03.2020 to 28.02.2022 for Calculating GST Refund Limitation Period: HC

July 5, 2023 7413 Views 0 comment Print

The Delhi High Court has granted a favorable judgment for GST refunds by excluding the period from March 1, 2020, to February 28, 2022, in the calculation of the limitation period.

GST: Advocate’s Presence allowed during Interrogation Under Section 70

July 5, 2023 4044 Views 0 comment Print

Read about the Bombay High Court’s recent judgment in Kamlesh Kumar Mishra vs State of Maharashtra, allowing an advocate’s presence during interrogation under Section 70 of the Maharashtra Goods and Service Tax Act, 2017.

Delhi High Court Ruling: GST Refund on Market Research Services Allowed

July 5, 2023 1257 Views 0 comment Print

Dive into the Delhi High Court’s decision in the case of Ohmi Industries Asia vs Assistant Commissioner, which paves the way for GST refunds on Market Research Services.

AO Can Refer case To TPO Only After Selecting Case For Scrutiny Assessment: Bombay HC

July 4, 2023 1536 Views 0 comment Print

Understand the Bombay High Court’s ruling on PCIT vs Kimberly Clark Lever Private Limited case regarding the reference to TPO and the scrutiny assessment as per the Income Tax Act 1961.

Jurisdiction in Case of Banned Yarn Shawl lies in Delhi not J&K if seizure & SCN Occurred in Delhi

July 4, 2023 492 Views 0 comment Print

The J&K High Court dismissed a writ petition challenging a show cause notice on banned yarn shawl exports, asserting that the case’s jurisdiction lies in Delhi, not J&K.

Assessment Order cannot be directed against Only One of Deceased Assessee’s Legal Heirs

July 4, 2023 1812 Views 0 comment Print

Delhi High Court quashes a ₹10 crore tax demand, stating that an assessment order cannot be solely issued against one of the multiple legal heirs of a deceased taxpayer.

BOCW Cess Act did not cover supply contracts: Bombay High Court

July 4, 2023 2583 Views 0 comment Print

In a crucial verdict, the Bombay High Court allows BOCW cess refund to GE T and D India, emphasizing that supply contracts are outside the BOCW Cess Act’s purview.

GST demand stayed as entire tax demand already paid & GSTAT not yet constituted

July 4, 2023 705 Views 0 comment Print

HC held that if the deposit of tax had been already made and the Appellate Tribunal is not yet constituted then the rest of the demand shall remain stayed.

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