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All High Courts

Bogus firm is not a ground enumerated u/s 29(2) for cancellation of GST registration

June 21, 2023 1038 Views 0 comment Print

Allahabad High Court held that once the registration is granted, the same could be cancelled only in terms of the conditions prescribed under Section 29(2) and allegedly being a bogus firm is not a ground enumerated under Section 29(2) of the Central Goods and Services Tax Act, 2017.

Provision of rule 89(4) of CGST Rules inapplicable to refund of integrated tax paid on zero-rated supply

June 21, 2023 21402 Views 0 comment Print

Delhi High Court held that rule 89(4) of the Central Goods and Services Tax Rules, 2017 applies only in case of zero rated supply of goods or services, without payment of tax under bond or letter of undertaking. Accordingly, provisions are inapplicable to cases of refund of integrated tax paid on zero rated supply.

Competent authority bound to re-assess basic tax rate post change in nature of land

June 21, 2023 579 Views 0 comment Print

Kerala High Court held that as the nature of the land of the petitioner has been permitted to be changed pursuant to passing of a statutory order under the Kerala Land Utilisation Order, 1967, the competent authority is bound to re-assess the rate of Basic Tax in respect of the land

Demand of property tax without assessment of property is untenable

June 21, 2023 990 Views 0 comment Print

Kerala High Court held that there cannot be an automatic demand for property tax without fixing the tax payable in accordance with the procedure provided in the Act and the Rules. Accordingly, demand of property tax without assessment of the property is untenable in law.

Order set aside in absence of any notice prior to passing re-assessment order u/s 137B of Chennai City Municipal Corporation Act

June 21, 2023 429 Views 0 comment Print

Madras High Court set aside the orders calling upon the petitioner to remit arrears of property tax as no notice was issued prior to passing order of re-assessment under section 137B of the Chennai City Municipal Corporation Act.

GST Section 129(3) penalty: HC order release of vehicle in interim order

June 21, 2023 3333 Views 0 comment Print

Calcutta High Court’s examination of Gurbux Singh Gupta Vs State of West Bengal scrutinizes GST Act enforcement, focusing on a vehicle’s seizure under Section 129. The case debates documentation validity and penalty imposition, emphasizing procedural adherence and legal interpretations within GST’s framework.

HC allows Appeal Revival before CESTAT with Pre-Deposit Payment

June 21, 2023 1968 Views 0 comment Print

Allahabad High Court in Madhyamik Shiksha Parishad vs. CESTAT, allows revival of appeal before CESTAT subject to payment of Pre-Deposit 

Calcutta HC Dismisses Writ Petition on GST Violation of Natural Justice

June 21, 2023 2127 Views 0 comment Print

Explore the Calcutta High Courts ruling in Paarabhu Dayal Jajoo vs Deputy Commissioner, dismissing a writ petition on grounds of alternative remedy under the GST Act and violation of natural justice principles.

Refund allowed by Appellate Authority cannot be ignored on ground that Revenue decided to challenge such Order

June 20, 2023 1077 Views 0 comment Print

High Court held that the Order of Appellate Authority allowing refund to assessee cannot be ignored solely because Revenue decided to challenge the order allowing refund, directed the Revenue to disburse refund along with interest and clarified that Revenue is not precluded from availing any remedy and in case Revenue succeeds they would be entitled to recovery the amount disbursed.

Second notice mentioned reason for cancellation of GST registration hence petitioner directed to furnish reply

June 20, 2023 1044 Views 0 comment Print

Gujarat High Court directed the petitioner to furnish their reply as second show cause notice already issued by the department containing the reasons for cancellation of GST registration.

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