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All High Courts

Customs authorities not empowered to seal immovable property

April 14, 2023 930 Views 0 comment Print

Bombay High Court held that there is no power available with the custom authorities to seal premises of any person, which are nothing but a form of immovable property.

Extended period not involcable in absence of suppression, misrepresentation or fraud

April 13, 2023 1332 Views 0 comment Print

Bombay High Court held that extended period of limitation not invocable as there was no suppression, misrepresentation or fraud committed by the assessee.

Writ not entertained as efficacious alternative remedy of filing appeal u/s 25 of PMLA Act available

April 13, 2023 1809 Views 0 comment Print

Soumyendra Nath Banerjee Vs Union of India (Calcutta High Court) Calcutta High Court didn’t entertained the writ petition under Article 226 of the Constitution of India as efficacious alternative remedy of appeal before the Appellate Authority under section 25 of PMLA Act, 2002 available. Facts- The petitioner is aggrieved by an order of provisional attachment […]

Section 15 of GST Act not prescribe valuation based on eye estimation

April 13, 2023 1380 Views 0 comment Print

Allahabad High Court held that provisions of section 15 of the GST Act doesnt prescribe valuation of goods on the basis of eye estimation. Accordingly, impugned order based on such valuation is not sustainable.

Rejection of SVLDRS-1 application alleging wrong Commissionerate unjustified

April 13, 2023 780 Views 0 comment Print

Bombay High court held that rejection of SVLDRS-1 application alleging wrong Commissionerate is unjustified as at the time of filing application, petitioner didn’t had option to file or change the Commissionerate.

MPVAT: HC directs Refund of pre-deposit with 6% Interest

April 13, 2023 1191 Views 0 comment Print

Mount Everest Breweries Ltd. Vs State of Madhya Pradesh (Madhya Pradesh High Court) The learned counsel for petitioner submitted that earlier the petitioner had filed a petition bearing W.P. No. 8560/2016 seeking quashment of the assessment order issued by the respondents for the assessment year 2012-13 for arbitrarily levy of tax on beer under residual entry […]

GST refund denied as Exporter initially not mentioned name & GSTIN of supplier in shipping bill- HC directs reconsideration

April 13, 2023 1380 Views 0 comment Print

Gujarat HC quashes CGST appeal on refund denial. Orders fresh consideration by Appellate Authority. Apex Formulations Pvt Ltd. vs Union of India.

Period of limitation extended by SC also applies to claim for GST refund

April 12, 2023 3477 Views 0 comment Print

Tejus Vertrage Infra LLP Vs Union of India & Ors  (Bombay High Court) Period of limitation which was extended under the orders passed by the Hon’ble Supreme Court in Suo Motu Writ Petition (C) No. 3 of 2020 also apply to the claim for refund. The learned Counsel for the Petitioner states that the decision […]

HC quashes service tax notices issued after lapse of 10 years

April 12, 2023 822 Views 0 comment Print

After lapse of 10 years second impugned notice dated 30th October, 2017 was issued to the Petitioner asking him to appear for hearing. The Petitioner filed an application dated 9th November, 2017 before the authority expressing its inability to collect documents after such a long lapse of time.

GST Registration cancellation -HC disposes appeal as dept revoked suspension

April 12, 2023 954 Views 0 comment Print

The respondent has since revoked the suspension of the petitioner’s registration and the same is active. It is also stated that the respondent has issued a demand notice dated 15.02.2023 under Section 73(5) raising a demand of ₹6,37,916.00/-. The said demand notice also states that in the event the demand is not paid, a Show Cause Notice under Section 73(1) would be issued.

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