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HC allows travel abroad to accused as no evidence of not returning back

May 7, 2023 414 Views 0 comment Print

Shawn Anthony Mendonca Vs State of Maharashtra (Bombay High Court) 1. The applicant/accused is facing trial for offences punishable under Sections 354A, 509, 504 and 506 of the Indian Penal Code, by this application, is challenging the Order dated 17/07/2019 passed by the learned Metropolitan Magistrate, 12th Court, Bandra, Mumbai rejecting his application for permission […]

Benefit of Section 80 of TNGST not available in case tax dues are not paid

May 6, 2023 1650 Views 0 comment Print

Madras High Court held that the object of Section 80 of the Tamil Nadu Goods and Services Tax Act, 2017 (TNGST) is only to benefit an assessee who has been complaint in effecting payment of the admitted tax. Benefit of section 80 not available in case of amount due as per the liability self-assessed in any return.

Mistake of Department in generating e-way bill – HC grants stay till next date of hearing

May 6, 2023 1155 Views 0 comment Print

Vectus Industries Limited Vs Chif Commissioner (Rajasthan High Court) Heard Mr. Pankaj Ghiya, learned counsel appearing for the petitioner, Mr. M.S. Singhvi, learned Advocate General for the State Authorities and Mr. R.D. Rastogi, Additional Solicitor General appearing for Union of India upon whom the copy of the writ petition was served on the direction of […]

GSTAT not functional: Rajasthan HC grants stay on GST demand subject to payment of 20% tax

May 6, 2023 3081 Views 0 comment Print

The submission of learned counsel for the petitioner is that while filing the appeal, the petitioner had already deposited 10% of the disputed tax amount and that in view of Section 112 of the RGST Act, if he deposits further 10% of the disputed tax amount while filing the appeal before the appellate authority i.e. the tribunal, the depositing of remaining amount shall stand automatically stayed.

HC allows filing of application for Revocation of GST Registration as per notification dated 31.03.2023

May 6, 2023 813 Views 0 comment Print

Explore the Karnataka High Court’s decision on Anandkumar Singh’s petition against GST registration cancellation under Section 29 of the CGST Act. Learn about the subsequent appeal and the remedy available.

Orissa HC stays demand as GST Appellate Tribunal not constituted

May 6, 2023 987 Views 0 comment Print

Sundar Pravat Das Vs Joint Commissioner of State Tax (Orissa High Court) Since the petitioner wants to avail the remedy under the provisions of law by approaching 2nd appellate tribunal, which has not yet been constituted, as an interim measure subject to the Petitioner depositing entire tax demand within a period of fifteen days from […]

Proceeding by two GST authorities on same issue – HC allowed time barred Appeal

May 6, 2023 1290 Views 0 comment Print

SSB Petro Products Vs Assistant Commissioner (Calcutta High Court) This intra-Court appeal is directed against the order dated 16.01.2023 passed in WPA 29 of 2023. The appellants had challenged the order passed by the Senior Joint Commissioner, State Tax, Howrah Circle dated 21.11.2022 rejecting the appeal filed by the appellant as time barred. On a […]

Books cannot be rejected without showing defect in books of account maintained

May 6, 2023 1911 Views 0 comment Print

CIT(A) in his order while rejecting Books of Account does not specify defect in record. The basis of rejection appears to be best judgment of assessment

GST refund cannot be withheld for filing of appeal against refund order

May 6, 2023 3222 Views 0 comment Print

Brij Mohan Mangla Vs Union of India (Delhi High Court) In this case In terms of Orders passed by Appellate Authority, the orders rejecting petitioner’s application for GST refund have been set aside. The Appellate Authority has also directed restoration of the petitioner’s GSTIN registration. The record also indicates that the petitioner thereafter once again […]

Court has discretionary power to waive pre-deposit requirement in rare and deserving cases

May 5, 2023 2607 Views 0 comment Print

Delhi High Court held that Court has the power to exercise discretion to waive requirement of pre-deposit of penalty in rare and deserving cases.

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