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All High Courts

Issuance of notice in GST ASMT-10 by Deputy Commissioner without authorization is unsustainable

June 1, 2023 1860 Views 0 comment Print

Andhra Pradesh High Court held that issuance of notice in Form GST ASMT-10 under rule 99 of A.P. Goods and Services Tax Rules, 2017 read with Section 61 of A.P. Goods and Services Tax Act, 2017 by Deputy Commissioner without authorization of Chief Commissioner lacks authorization and hence liable to be quashed.

Delhi HC Orders Timely Disposal of Long-standing Appeal

May 31, 2023 267 Views 0 comment Print

Delhi HC verdict on Northern India Zonal Assembly of The Mar Thoma Church’s case against Income Tax Department. The court calls for a swift resolution to a four-and-a-half-year-old appeal.

Typographical Error in Invoice: HC directs Dept to reconsider ITC Refund Application

May 31, 2023 1143 Views 0 comment Print

Bombay High Court quashes Deputy Commissioner’s order rejecting refund due to a typographical error in invoices, directing re-examination of the refund application with additional evidence.

HC upheld 12.5% Addition on Bogus Purchases in Contractor’s Appeal

May 31, 2023 2562 Views 0 comment Print

Bombay High Court dismisses the appeal, affirming the Tribunal’s ruling on treating purchases as bogus and upholding the addition of 12.5% profit element.

SVLDRS doesn’t exclude taxpayers against whom investigation is not concluded

May 31, 2023 1284 Views 0 comment Print

Delhi High Court held that rejection of declaration under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS) on ground that investigation has not been concluded is unsustainable as SVLDRS doesn’t exclude taxpayers in respect of whom investigation is not concluded.

File GST Registration Revocation Application as per CBIC Notification: HC

May 31, 2023 1215 Views 0 comment Print

HC direct appellant to file application for revocation of cancellation of GST registration within the specified time under Section 30 of the CGST Act in terms of specific procedure notified vide Notification dated 31.03.2023

GST Registration Cancellation without stating Reasons -HC allows appellant to apply for invocation until 30.06.2023

May 31, 2023 534 Views 0 comment Print

Patna High Court overturns the cancellation of Nihal Akhtar’s GST registration due to lack of reasons cited, citing principles of natural justice.

Literal interpretation of language of Section 245A of Income Tax Act is justified

May 31, 2023 768 Views 0 comment Print

Delhi High Court held that the legislative history of Section 245A of the Income Tax Act indicates that the proceedings for assessment, re-assessment and re-computation u/s. 148, prior to issuance of notice u/s. 148 of the Act, were excluded from the scope of the definition of the term ‘case’. Literal interpretation of language of section 245A is justifiable.

GST Registration cannot be cancelled by merely describing Firm as Bogus: Allahabad HC

May 31, 2023 1677 Views 0 comment Print

Allahabad High Court ruled that cancellation of GST registration cannot be solely based on labeling a firm as bogus. Court quashed orders passed by authorities

Packing Machines (Capacity Determination and Collection of Duty) Second Amendment Rules, 2008 applies to search conducted after 20.10.2008

May 31, 2023 405 Views 0 comment Print

Delhi High Court held that the Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Second Amendment Rules, 2008 coming into force from 20.10.2008 hence the amendments are not applicable to search conducted prior to effective date.

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