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All High Courts

Notice issued to ceased entity is fundamentally illegal and without jurisdiction

July 3, 2023 1008 Views 0 comment Print

Gujarat High Court held that if the company has ceased to exist as a result of the approved scheme of amalgamation then in that case, the jurisdictional notice issued in its name would be fundamentally illegal and without jurisdiction.

GST: Penalty Only for Quantity Shortage, Not Entire Consignment

July 3, 2023 1920 Views 0 comment Print

Review of the Calcutta High Court’s judgment in the case Usha Gupta Vs Assistant Commissioner of Revenue, exploring the implications for penalties in instances of shortage in consignment quantity.

PMLA Case: HC Dismisses Demand for Certified Copies of Documents

July 3, 2023 1017 Views 0 comment Print

The Punjab and Haryana High Court has dismissed a petition requesting certified copies of documents in the case of Manpreet Singh Vs State of Punjab. The court determined that the request had become infructuous due to subsequent events.

Non-Cooperation during Assessment Leads to GST Rectification Rejection

July 2, 2023 1074 Views 0 comment Print

Madras High Court rules on Seoyon E-Hwa Summit Automotive India’s case, justifying rejection of rectification application under CGST Act due to assessee’s lack of cooperation during assessment process.

Personal Hearing Cannot Be Denied Without Assessee Confirmation

July 2, 2023 1905 Views 0 comment Print

Allahabad High Court in Mohini Traders v. State of U.P., held that assessing authority must provide an opportunity for a personal hearing before passing an adverse order, regardless of whether assessee explicitly requested it

Validity of GST Refund Applications Pre-Policy for Unregistered Persons

July 2, 2023 750 Views 0 comment Print

Judgment by Bombay High Court in C.P. Rabindranath Menon v. Deputy Commissioner of State Tax, which allows unregistered persons to claim GST refunds for the period before issuance of a refund policy.

Vehicles used in Central Deposit Yard is not leviable to motor vehicle tax

July 1, 2023 597 Views 0 comment Print

Held that the petitioner is plying the vehicles in the Central Deposit Yard premises itself proves that the premises does not fall under the definition of ‘public place’ as under Section 2 sub Section (34) of the Act. Hence, motor vehicle tax not leviable.

Guidelines relating to tax on works contract executed prior and after 01.07.2017

July 1, 2023 525 Views 0 comment Print

Karnataka High Court provided guidelines relating to applicability of tax on works executed prior to 01.07.2017 and works executed after 01.07.2017 in case of where work contract is executed between the petitioners and the State/ other Government agencies.

AP HC grants stay in VAT proceedings as notice was without Jurisdiction

July 1, 2023 522 Views 0 comment Print

In the case of Kalpataru Project International Ltd Vs Union of India, the Andhra Pradesh High Court examines the jurisdiction issue regarding a notice proposing revision of VAT refund. Stay of proceedings is granted until further orders. Get the full judgment and analysis in this article.

Granting 12 hours to reply to a SCN is violation of the principles of Natural Justice

July 1, 2023 4200 Views 0 comment Print

HC set aside the assessment order and held a proper opportunity must be given to the Assessee whenever a Show cause notice or an assessment order is issued and further commented that it is very difficult to file a reply to the Show Cause Notice within 12 hours.

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