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All High Courts

Independent laboratory test directed to decide levy of Anti-dumping duty on imported goods

March 9, 2023 627 Views 0 comment Print

Madras High Court held that as test report of petitioner and respondent differs, it is directed to carry out independent laboratory test to come to a conclusion that the whether the imported goods contained Polyrethrene or not to decide levy of Anti-dumping duty.

Interest U/s. 73 & 74 attracted only on wrong availment & utilisation of such ITC

March 9, 2023 4281 Views 0 comment Print

Under Sections 73(1) and 74(1) of CGST Act, proceedings can be initiated for mere wrong availing of Input Tax Credit followed by imposition of interest penalty if such credit was not only availed but also utilised for discharging tax liability.

Detention of goods u/s. 129 of CGST Act sustainable on account of expiry of e-way bill

March 8, 2023 4248 Views 0 comment Print

Calcutta High Court held that due to expiry of e-way bill, authorities are empowered to detain the goods and impose tax and penalties thereon as per provisions of section 129 of the Central Goods and Services Tax Act, 2017.

GST registration cancellation notice Proceedings based on unprescribed format is void

March 8, 2023 1656 Views 0 comment Print

Allahabad High Court held that GST registration cancellation notice is not in the prescribed format and didnt mention the date and time on which personal hearing is granted. Proceedings based on such notice is illegal, void and a nullity in eyes of law.

BIADA directed to recall cancellation order on acceptance of undertaking by petitioner

March 8, 2023 2538 Views 0 comment Print

Patna High Court directed BIADA (Bihar Industrial Area Development Authority) to immediately recall the order of cancellation of allotment of impugned premises as the petitioner accepted the undertaking and accepted to pay the pending dues as per the undertaking.

Recourse to section 263 justifiable on concluding that AO committed an error in law

March 8, 2023 696 Views 0 comment Print

Delhi High Court held that recourse to provisions of section 263 of the Income Tax Act sustained as prima facie view concludes that AO has committed an error in law.

Exemption u/s 11 available as there is no profit motive in activity carried out by society

March 8, 2023 882 Views 0 comment Print

Delhi High Court held that in absence of any profit motive in the activity of assessee-society and also profit so generated is ploughed back for charitable activities. Exemption benefit under section 11 duly available.

SVLDRS discharge certificate cannot be denied for delayed payment of tax which was recredited due to a technical glitch

March 6, 2023 2628 Views 0 comment Print

HC held that, when the deposit within the stipulated time period was made, technical glitch being the reason for the non-functioning of the bank’s software would not hold the assessee liable or accountable for non-payment.

Bail granted in fraudulent ITC claim matter as co-accused already released on bail

March 6, 2023 1596 Views 0 comment Print

Delhi High Court held granted bail, in fraudulent claim of ITC under GST, as bail already granted to co-accused and petitioner had no prior criminal antecedents.

Non-renewal of courier licence in international carriage without granting opportunity to explain is unjustified

March 6, 2023 402 Views 0 comment Print

Bombay High Court held that refusal to renew the courier licence registration in international carriage under the Courier Imports and Exports (Clearance) Regulations 1998 without granting an opportunity to explain is unjustified.

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