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Purchase treated as accommodation entries without considering documents – HC set-aside order

April 22, 2023 726 Views 0 comment Print

Delhi High Court sets aside a tax notice against Majestic Handicraft Private Limited, challenging the claim of accommodation entries.

Inordinate & Unexplained Delay in appeal – HC denies Condonation

April 22, 2023 888 Views 0 comment Print

It is well settled that each day of delay in filing has to be explained. In present case, there are large gaps in time period for which no ostensible reason been provided.

If GST refund application is not deficient in material particulars, it cannot be treated as non est

April 21, 2023 1779 Views 0 comment Print

Delhi High Court remands BSNL’s GST refund case to Adjudicating Authority, highlighting the importance of proper document submission under CGST Act.

GST Registration Cancellation by Mistake of Accountant: HC Condones Delay in appeal

April 21, 2023 1152 Views 0 comment Print

Madras High Court allows Sathya Furnitures’ delayed GST appeal, emphasizing leniency for small traders and pending legal challenges.

Non-constitution of GST Appellate Tribunal : Orissa HC Stays Demand

April 21, 2023 1227 Views 0 comment Print

Pratap Kumar Pradhan Vs Commissioner of CT & GST, Odisha and Ors. (Orissa High Court) The present writ petition is being entertained only because the Second Appellate Tribunal has not yet been constituted. Since the petitioner wants to avail the remedy under the provisions of law by approaching 2nd appellate tribunal, which has not yet […]

Demise of husband cannot not take away right of Proprietor (Wife) to Continue Agency

April 21, 2023 1020 Views 0 comment Print

Das Enterprise Vs The State of West Bengal (Calcutta High court) a) M/s. Buddhadeb Paul is a proprietorship business. The name of the proprietor is Rakhi Paul. Trade licence and registration have been given in the name of the agency Buddhadeb Paul indicating Rakhi Paul as the proprietor. The GST registration certificate also indicates that […]

Notice after 9 years of Bill of Entry cannot be treated as notice within a reasonable period

April 21, 2023 2595 Views 0 comment Print

Show Cause Notice has been issued approximately nine years after last Bill of Entry. In the given facts, we are unable to accept that appellant had issued notice within a reasonable period.

GST Registration cannot be cancelled Retrospectively without SCN

April 21, 2023 3927 Views 0 comment Print

It is essential that the exercise of powers to cancel the registration ab initio, must be based on material on record and some rationale. Further, the taxable person must be put to notice of the proposed action to cancel the registration from a retrospective date so as to provide an opportunity to the said person to show cause why such cancellation should not be from a retrospective date.

GST Tribunal not constituted: HC stays demand

April 21, 2023 1737 Views 0 comment Print

Tushar Kanta Nayak Vs Commissioner of Sales Tax CT & GST & Others (Orissa High court) The present writ petition is being entertained only because the Second Appellate Tribunal has not yet been constituted. Since the petitioner wants to avail the remedy under the provisions of law by approaching 2nd appellate tribunal, which has not […]

Prior period expenses allowable as liability crystallized in the year under consideration

April 21, 2023 3090 Views 0 comment Print

PCIT Vs Balmer Lawrie And Company Limited (Calcutta High Court) The Division bench of Calcutta High Court in this case was considering department’s appeal whether any substantial question of law arose when the assessee had claimed Rs 4.08 crore as prior period expenditure on account of same having crystallised during the year though it related […]

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