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All High Courts

Party selected without satisfying all the conditions of tender is unjustified

May 27, 2023 1155 Views 0 comment Print

Orissa High Court held that it is made clear that as conditions of the tender is not satisfied, the decision making process in selecting the party, being arbitrary, unreasonable and contrary to the provision of law, cannot be sustained in the eye of law.

GST: Attachment of bank account without any tangible material is unsustainable

May 27, 2023 1620 Views 0 comment Print

Delhi High court held that attachment of bank account under section 83 of the Central Goods and Services Tax Act, 2017 merely on the basis of suspicion and without any tangible material is unsustainable.

Assessee directed to approach Revenue Department to avail benefit of special procedure for revocation of cancelled GST registration

May 27, 2023 519 Views 0 comment Print

In the case of Radhe Packaging vs. Union of India, heard by the Gujarat High Court, the court directed the assessee to approach the Revenue Department to avail the benefit of a special procedure for the revocation of their cancelled Goods and Services Tax (GST) registration.

Orissa HC Stayed demand of penalty & interest in absence of GSTAT

May 26, 2023 1533 Views 0 comment Print

HC stayed the demand of penalty and interest raised by the Revenue Department, during the pendency of writ petition, subject to the condition that the assessee deposits the entire amount of tax demanded within a period of 15 days, since the assessee wanted to avail the remedy under the provisions of law by approaching GST Appellate Tribunal

Bail granted to CA as continued incarceration of petitioner not justified: HC

May 25, 2023 2085 Views 0 comment Print

Andhra Pradesh High Court held that as the petitioner is a Chartered Accountant by profession and it is his first offence and he has been in jail since long. Accordingly, continuance incarceration of the petitioner is not justified. Hence, bail granted.

Non constitution of GSTAT in Bihar- HC Grants stay subject to 20% Tax payment

May 25, 2023 702 Views 0 comment Print

Explore the PCPL and RK-JV Vs State of Bihar case regarding GST appeal rights and the tribunal’s absence, with insights into statutory remedies and court directives.

Lessee being service receiver is liable to pay service tax to lessor

May 25, 2023 1839 Views 0 comment Print

Karnataka High Court held that lessor is merely obliged to collect the service tax and remit it to the department. A lessee being the person who avails of service is liable to pay service tax to the lessor.

GST: Turnover relating to different states needs to be assessed separately

May 25, 2023 615 Views 0 comment Print

Andhra Pradesh High Court held that turnover of same assessee in different states cannot be assessed by department of one State. Accordingly, turnover relating to bus business for the States of Andhra Pradesh, Telangana, Tamilnadu and Puducherry needs to be assessed separately.

GST: Bank Account attachment without Notice: HC Quashes Writ & directs to file appeal

May 25, 2023 1815 Views 0 comment Print

Order rejecting application of petitioner for revoking order of attachment of bank accounts is appealable under Section 107 of OGST Act.

HC stays proceedings under GST till conclusion of proceedings before NCLT & lifting of moratorium

May 25, 2023 3132 Views 0 comment Print

In Associate Décor Limited Vs Deputy Commissioner case, Karnataka HC weighs moratorium’s effect on tax proceedings under IBC, halting them pending resolution.

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