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Reopening based on assessment record without tangible material is unsustainable

April 27, 2023 2136 Views 0 comment Print

Gujarat High Court held that re-opening sought on the basis of assessment record without any fresh tangible material is unsustainable in law.

Court directed CA to register a case against then President of ICAI before Competent Authority

April 27, 2023 26835 Views 0 comment Print

Madras High Court directed the Chartered Accountant, who raised several allegations against the then President of the Institute, that if he is confident about the irregularities and has materials on record to establish the allegations, he is at liberty to register a case before the Competent Authority, including the Central Vigilance Commission or the Jurisdictional Police or otherwise.

Notice under Section 61 valid once returns are submitted before initiating action U/s. 74 of CGST Act

April 27, 2023 27276 Views 2 comments Print

Issue involved Whether department is enjoined to issue a notice under subsection 3 of Section 61 of CGST Act, 2017 once returns have been submitted by assessee before initiating action under Section 74 or not?

Complying with provision of section 13A of Goa Public Gambling Act requires payment of license fees

April 27, 2023 1116 Views 0 comment Print

Bombay High Court held that license fee is the price or the consideration for parting with such privilege, which is exclusively owned and controlled by the State Government. Complying with provisions of section 13A of the Goa Public Gambling Act requires payment of the same.

Goa Value Added Tax (12th Amendment) Act, 2020 is an impermissible judicial override defying doctrine of separation of powers

April 27, 2023 639 Views 0 comment Print

Bombay High Court held that the Goa Value Added Tax (12th Amendment) Act, 2020 is an impermissible judicial override defying the doctrine of separation of powers. Accordingly, respondents, based on the same, cannot deny any of the petitioners the benefits of earlier judicial decisions.

Works contractor directed to make fresh claim reflecting excess tax paid post introduction of GST

April 27, 2023 1683 Views 0 comment Print

Chhattisgarh High Court directed works contractor involved in construction of road, bridges, tolls, etc. to make fresh claim showing difference of tax liability that was incurred at the time of submission of bids and excess tax paid in light of introduction of GST levying higher tax on works contract services.

Petitioner directed to furnish pending returns in case of cancellation of GST registration

April 27, 2023 633 Views 0 comment Print

Madras High Court allowed/ directed petitioner to furnish pending returns as due to health issue GST returns were not filed continuously for period of 3 months which resulted into cancellation of registration.

Wound up company intending to clear pending Income tax dues, permitted to pay dues in installments

April 27, 2023 372 Views 0 comment Print

Madras High Court held that as the petitioner company is wound up, however, intention of petitioner for clearing the pending dues is sincere. Writ petition is allowed permitting the petitioner to pay pending dues in equal installments.

Service tax collected but not deposited – Financial Crisis not a Reasonable Cause to invoke section 80 of Finance Act

April 27, 2023 711 Views 0 comment Print

Advancing reasons for non-payment of service tax even though collected, it has been submitted by the appellant that during the relevant period, they were under severe financial crisis. In my view, this cannot be a reasonable cause for non-payment of service tax even though collected from the customers but not deposited with the Government.

HC restores GST Registration as SCN lacks Sufficient Reason for Cancellation

April 27, 2023 945 Views 0 comment Print

SCN is deficient if it does not sufficiently disclose reasons why petitioner’s GST Registration was suspended or was proposed to be cancelled

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