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All High Courts

GST registration cancellation for mere not replying SCN is invalid

April 21, 2023 849 Views 0 comment Print

Order does not assign any reason for cancelling GST registration and is passed only on the ground that reply to show cause notice is not given. Non-submission of reply to SCN cannot be a ground for cancellation of GST registration.

MVAT on registration/handling/insurance charges on Motor car sold by dealers – HC Quashes 69 Assessment Orders

April 20, 2023 2088 Views 0 comment Print

Modi Car Agencies Pvt. Ltd. Vs State of Maharashtra (Bombay High Court) Bombay High Court sets aside 69 Assessment Orders under MVAT Act, 2002 levying MVAT on registration charges, handling charges, insurance charges and incentives collected from customers with a direction to Assessing Officer to reconsider the issue on the basis of the decision of […]

Reassessment processing beyond 6 years is barred by limitation

April 20, 2023 5400 Views 0 comment Print

Issuance of notice & initiation of re-assessment proceeding beyond six years is barred by limitation under Section 147 of Income Tax Act

HC quashes section 148 notice issued in the name of non-existing company

April 20, 2023 1647 Views 0 comment Print

Section 148 notice is quashed solely on the ground that the impugned notice was issued in the name of non-existing company

HC restores GST registration & directs petitioner to pay GST dues

April 20, 2023 594 Views 0 comment Print

CGST authority concerned to restore the petitioner’s registration and open the portal for  a period of 15 days from date to enable the petitioner to make the payment of revenue due if any by the respondent authority concerned within 31st March, 2023.

Writ jurisdiction cannot be invoked if petitioner failed to prefer statutory remedies available

April 20, 2023 462 Views 0 comment Print

Sabu Puthen Veedu Vs Assistant Commissioner of State Tax (Kerala High Court) The petitioner has approached this Court seeking to quash Ext.P2 order based on Ext.P1. Ext.P2 is the demand raised. The order is dated 20.12.2021. The petitioner has not chosen to exhaust the statutory remedies available against Ext.P2 and after waiting for more than […]

Demand of tax on Motor Vehicle already Sold: Consider Objection – HC directs

April 20, 2023 813 Views 0 comment Print

Thankamma Vs Taxation Officer (Kerala High Court) The petitioner, was the registered owner of a heavy goods vehicle bearing Registration No.KL-19-7599. The petitioner had sold the said vehicle, on 01.07.2019, to one Mr. Noushad K.H. The vehicle was sold for the purpose of scrapping the same, but, later the petitioner was served with Ext.P1 demand […]

Pass reasoned and speaking after giving an opportunity of hearing: HC

April 20, 2023 459 Views 0 comment Print

Dispose of representation of petitioner in accordance with law and by passing a reasoned and speaking after giving opportunity of hearing.

GST Officer cannot direct customers of assessee to stop further payments u/s 70

April 20, 2023 1584 Views 0 comment Print

Section 70 (1) of GST act only says that the proper officer shall have the power to summon any person whose attendance is considered necessary either to give evidence or to produce a document or any other thing in the enquiry and nothing more.

Transfer of Income Tax File: Provide Opportunity of Personal Hearing- HC

April 20, 2023 759 Views 0 comment Print

Provide relevant documents indicating basis for order of transfer of petitioner’s file and provide opportunity to file further objection : HC

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