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All High Courts

Coal smuggling to evade tax- HC refuses to quash criminal petition

April 19, 2023 366 Views 0 comment Print

Abdul Kadir Vs State of Assam (Gauhati High court) The petitioner, namely, Abdul Kadir has filed an application under Section 482 Cr.P.C. with prayer for quashing the FIR registered under Sections 120(B)/379/420 of the Indian Penal Code (IPC in short). HD held that petitioner is alleged with an offence of evading payment of taxes to […]

HC set aside Income Tax Notice issued & Order passed on dissolved LLP

April 19, 2023 1152 Views 0 comment Print

Notice under Section 148A(b) & order U/s. 148A(d) of Income Tax Act against an entity (LLP), which was no longer in existence is invalid.

No Penalty for Late Filing of GST Returns from date of application for revocation till revocation

April 19, 2023 1656 Views 0 comment Print

Sh. Ishwar Chand Proprietor of M/S Bhagwati Trading Co. Vs Union of India (Delhi High Court) The controversy in the present petition relates to levy of penalty for late filing of the GST returns, for the period the petitioner was disabled from doing so, on account of cancellation of its GSTIN registration. It is the […]

Section 270AA Application cannot be rejected without giving opportunity of hearing to applicant

April 19, 2023 1281 Views 0 comment Print

Rohit Kapur Vs PCIT (Delhi High Court) The proviso to Sub-section(4) of Section 270AA of the Act makes it amply clear that before an application is rejected, the applicant must be given an opportunity of being heard. In the present case, there is no dispute that the petitioner was not afforded the said opportunity.  In […]

Income Tax Notices Issued on Non-Existing Company quashed

April 19, 2023 813 Views 0 comment Print

Impugned notice is quashed as it was issued in the name of non-existing company in spite of revenue having notice & knowledge of non-existence of such Company.

‘e-Way bills’ expired during transit – HC Quashes Penalty order

April 19, 2023 744 Views 0 comment Print

‘e-Way bills’ expired during transit and petitioner was not in a position to ask for its renewal to competent authority when vehicle entered into territory of State of Tripura.

Section 73 and 74 provides for Recovery of erroneous GST refund

April 19, 2023 6933 Views 0 comment Print

Section 73 and 74 of CGST Act also provide for recovery of refund where the same has been erroneously granted.

GST Registration cancellation- HC refers matter back to primary authority

April 19, 2023 159 Views 0 comment Print

Y Screens Entertainment (India) Ltd Vs Government of AP (Andhra Pradesh HC) Issue- 3rd respondent cancelled the GST Registration of the petitioner for non filing of returns for a period of six months.  Aggrieved thereby, the petitioner filed appeal before the 2nd respondent and vide order in Special Appeal  which was dismissed on the ground that […]

GST Registration cannot be cancelled for allegedly being a bogus firm

April 19, 2023 16428 Views 0 comment Print

GST registration cannot be cancelled for allegedly being a bogus firm as it is not a ground enumerated under Section 29(2) of GST Act

Erroneous calculation of GST Refund claimed during transition phase – HC allows Filing of Fresh Calculations 

April 19, 2023 465 Views 0 comment Print

Sondeep Paul Vs Union of India & Ors. (Calcutta High Court) The writ petition has been filed alleging inaction of the West Bengal State Rural Development Agency (in short ‘WBSRDA’), which is an agency under the department of Panchayat and Rural Development. The petitioner is granted liberty to incorporate the State of West Bengal through […]

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