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High Court permits GST appeal filing after expiry of statutory period

February 19, 2023 2256 Views 0 comment Print

Debson Pumps Pvt. Ltd. Vs Assistant Commissioner of State Tax (Calcutta High Court) High Court permitted the petitioner to file an appeal after the expiry of statutory period after condoning the delay. FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT 1. This application has been filed to condone the delay of 109 days in […]

HC allows filing of Appeal as delay was of negligible period

February 19, 2023 1071 Views 0 comment Print

It was held that the Court can allow the Petitioner to file an appeal where there is delay of negligible period by extending time as stipulated under Section 107 of the CGST Act even after expiry of three plus one months.

Validity of Notice Issued on Secondary E-Mail Id despite having Primary E-Mail Id

February 18, 2023 5427 Views 0 comment Print

Notice Issued on Secondary E-Mail Id Despite Having Primary E-Mail Id and Email Id Mentioned in the Last Filed ITR is Liable to be Quashed- Bombay High Court

Delay in processing pending refund claim is causing unnecessary burden of interest on ex-chequer

February 18, 2023 1236 Views 0 comment Print

Delhi High Court noted that delays on the part of the respondent-department in processing the pending claims for refund result in unnecessary burden of interest on the ex-chequer. Accordingly, court directed the Commissioner, Department of Trade and Taxes to ensure that all pending refund claims are processed as expeditiously as possible.

Order passed without considering important submission is a non-speaking order

February 18, 2023 3627 Views 0 comment Print

Madras High Court held that assessment order passed without considering important submission by the petitioner is a non-speaking order and against the principles of natural justice. Accordingly, the assessment order is quashed and remanded back for fresh consideration.

Post participating in tender, bidder cannot challenge the conditions in bid document

February 18, 2023 5697 Views 0 comment Print

Kerala High Court held that after participating in a tender process, bidder cannot turn around and challenge the conditions in the bid document. As the bid amount was including GST, bidder-petitioner cannot claim the GST amount in addition to the amount bided.

Penalty order cannot be passed without serving SCN

February 18, 2023 1371 Views 0 comment Print

HC set aside penalty order passed by the Revenue Department on ground that order was passed in violation of principles of natural justice. Assessee was not afforded full opportunity to contest allegations against it. Set aside penalty order.

GST Registration cannot be cancelled when reply to SCN is not considered

February 18, 2023 774 Views 0 comment Print

HC set aside the order for cancellation of GST Registration of the assessee passed by the Revenue Department on the ground that the order is not sustainable as the reply to SCN furnished by assessee was not taken into consideration by Revenue Department, directed the Revenue Department to restore the GST Registration of the assessee.

Declarant subjected to audit as on 30th June 2019 is ineligible to avail benefit of SVLDR Scheme

February 18, 2023 708 Views 0 comment Print

Bombay High Court held that declarant making voluntary disclosure for availing benefit of SVLDR Scheme is ineligible for applying under the scheme if it was subjected to audit as on 30th June 2019.

SVLDR Scheme 2019 – Completion of Investigation not must for Eligibility

February 18, 2023 594 Views 0 comment Print

Petitioner submitted that it is not in dispute that the Petitioner falls in the category of case under Section 125(1)(f)(i) of Finance Act as on 30 June 2019, there was no enquiry/investigation pending against the Petitioner and at the most the same could be as initiated by way of notice dated 28 August 2019 by the Deputy Commissioner (Anti Evasion) CGST, Belapur.

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