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Execution of Subsisting Government Contracts Awarded in pre or post GST Regime without updating Rate: HC directs to File representation before Additional Chief Secretary

April 21, 2023 267 Views 0 comment Print

Classic Vs State of West Bengal (Calcutta High Court) This writ petition has been filed for the relief by way of direction upon the respondents authority concerned to bear the additional tax liability for execution of subsisting Government contracts either awarded in the pre-GST regime or in the post GST regime without updating the Schedule […]

Order passed without giving opportunity to petitioner is remanded back to AO by HC

April 21, 2023 342 Views 0 comment Print

order has been passed without any giving opportunity to the petitioner to produce the relevant documents which were in his custody, is being set aside and the matter is being remanded back to the Assessing Officer to pass a fresh order after giving one opportunity to petitioner

GST: HC directs release of vehicle on furnishing bank guarantee for Penalty

April 21, 2023 1263 Views 0 comment Print

GST -Petitioner undertakes that it shall furnish bank guarantee of amount equal to penalty, so that authority can release vehicle.

Technical glitches on Portal- CBDT should extend due to file returns/tax audit reports

April 21, 2023 16560 Views 1 comment Print

All Odisha Tax Advocates Association Vs Union of India (Orissa High Court) HC held that Considering that the Department has itself acknowledge that there have been technical glitches which have prevented many Assesses from filing their returns and tax audit reports within time, and taking a cue from the aforementioned judgment of the Gujarat High […]

Non-Constitution of GSTAT: HC stays Demand subject to payment of 20%

April 21, 2023 570 Views 0 comment Print

Arati Construction Vs Joint Commissioner of State Tax (Appeal) (Orissa High Court) In the event the petitioner wants to avail the remedy by preferring appeal before the 2nd appellate tribunal then the petitioner is liable to pay 20% balance disputed tax for consideration of its appeal by the 2nd GST appellate tribunal GSTAT). Since the […]

Palpable error in e-way bill & Tax Invoice amount is human error: HC

April 21, 2023 1362 Views 0 comment Print

In tax invoice the amount has been mentioned as Rs.1,97,047.86 whereas in e-Way Bill it has been mentioned as Rs.197047086.00. There is palpable error in e-way bill, which may be construed to be an human error

Reassessment Notice against already Amalgamated Company is Invalid

April 21, 2023 504 Views 0 comment Print

Section 148 Income Tax notice issued in the name of company which has already been amalgamated so HC quashed it

GSTAT not constituted: Limitation for preferring appeal before GSTAT

April 21, 2023 774 Views 0 comment Print

limitation for appeal before GSTAT start only after date on which President, or State President of Tribunal after its constitution under Section 109 of GST enters office.

HC denies Condonation of delay as Assessee was aware of ITR filing due date

April 21, 2023 549 Views 0 comment Print

Fact that Assessee had filed his ITR for assessment year 2011-12 within time limit proves that Assessee was aware of process of filing ITR.

ICAI to cause special audit if objection are raised on its financials: Madras HC

April 21, 2023 11010 Views 0 comment Print

Special Audit of ICAI is to be conducted only in the event of falsehood or irregularity or illegality. In the present case, the petitioner raises several objections with reference to the financial aspects and he states that other members also raised similar objections for conducting Special Audit.

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