Court held that Covid-19 exclusion period applies to all judicial and quasi-judicial proceedings. It confirmed that limitation under Sections 73 and 74 remains extended based on Supreme Court’s directions.
The Court ruled that an effective hearing is mandatory under Section 73 of the WBGST Act. The impugned order was quashed, allowing the petitioner to file a reply and contest the tax determination.
The court held that a taxpayer whose GST registration was cancelled for not filing returns for six months can seek restoration by submitting pending returns and paying dues within the prescribed rules.
The High Court ruled that a protest deposit must be considered toward the statutory 10% pre-deposit. The dismissal of the appeal for non-compliance was set aside.
The High Court set aside the Tribunal’s order after finding it failed to consider binding rulings on DGFT authority and import restrictions under the FTDR Act. The matter was remanded for fresh adjudication based on established legal principles.
The Bombay High Court condoned a 338-day delay in filing Form No. 10 for income accumulation under Section 11(2), holding that genuine hardship justified relaxation of procedural deadlines.
The Court held that Rule 86A can be applied only to ITC actually available in the Electronic Credit Ledger on the date of the blocking order. The decision sets aside the blocking and directs restoration of credit recovered under the invalid order.
The Court held that Section 161 cannot be invoked to amend a show cause notice and found the rectification request to be a delaying tactic. It ruled that alleged errors must be raised in the response to the notice.
Court held that a statutory appeal cannot be denied merely because GST portal reflects ‘Nil’ disputed tax. It directed GSTN to modify system and allowed taxpayer to file a physical appeal pending correction.
The Court quashed the GST cancellation after finding that the notice was system-generated and lacked an identifiable issuing authority. It held that statutory powers must be exercised by officers, not automated systems.
