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Opportunity of hearing to be granted prior to cancellation of GST registration for non-filing of GST return

February 18, 2023 1299 Views 0 comment Print

Calcutta High Court held that non-filing of GST return vis-à-vis cancellation of GST registration, an opportunity of hearing should be granted to the petitioner who failed to file the GST return as incurred heavy loss and accordingly was under tremendous mental stress.

Bail granted to person accused for alleged offences under GST as bail already granted to main accused

February 18, 2023 939 Views 0 comment Print

Rajasthan High Court granted bail for person accused for alleged offences under GST as main accused has already been released on bail.

HC stays Coercive Steps by Income Tax Dept against Education Minister in Illegal payment Case

February 18, 2023 651 Views 0 comment Print

K Ponmudi Vs ACIT (Madras High Court) The petitioner has challenged the impugned assessment order on the following grounds: a) Despite several requests made by the petitioner to the respondents, requesting them to furnish the evidence based on which they have found that M/s. SRS Mining is alleged to have paid Rs.20,00,000/- as illegal payments […]

HC directs GST department to consider representation of Taxpayer

February 18, 2023 786 Views 0 comment Print

From the record it is apparent that this Court by order dated 08.05.2019 passed in W.P. No. 26509/2018 had directed the complaint/representation of the petitioner to be considered within two weeks. The same was made by the petitioner on 20.05.2019 and as per the petitioner, the same has not been decided till now and the impugned notice has been issued.

Revenue department cannot initiate assessment proceedings once moratorium order passed by NCLAT

February 17, 2023 1167 Views 0 comment Print

HC quashed assessment order and consequential recovery notice issued by Revenue Department on the grounds that no opportunity of hearing was afforded to assessee and contentions of assessee were also not considered, thus same was a violation of principles of natural justice.

Unit eligible for exemption under notification 50/2003-CE continue to be eligible under Scheme of Budgetary Support

February 17, 2023 1089 Views 0 comment Print

Delhi High Court held that petitioner eligible for exemption from Central Excise Duty Notification No.50/2003-CE dated 10.06.2003 prior to 1st July 2017 is eligible for budgetary support under Scheme of Budgetary Support under Goods and Services Tax (GST) Regime

GST- HC condoned delay in statutory Appeal under GST Act

February 17, 2023 1671 Views 0 comment Print

Sikha Debnath Vs Assistant Commissioner of State Tax (Calcutta High Court) Honorable Calcutta High Court at Circuit Bench at Jalpaiguri , Hon’ble JUSTICE BIBEK CHAUDHURI in WPA 304 of 2023, was pleased to pass an order and condoned the delay in filing a Goods and Services Tax (GST) Appeal by the petitioner-Sikha Debnath, as only […]

No TDS liability on income received on non-technical services outsourced to foreign company

February 17, 2023 1380 Views 0 comment Print

HC held that, pay roll related services outsourced to foreign company would be treated as business income earned by foreign company and not a technical service therefore, would not be liable for TDS

HC grants relief in SVLDRS Scheme 2019 & directs to issue SVLDRS-4 & refund the amount

February 17, 2023 1299 Views 0 comment Print

Millenium Construction and Ors. Vs Designated Committee (Calcutta High Court) Honorable Calcutta High Court, Circuit bench at Jalpaiguri, in case no. WPA 3120 of 2022, order dated 08.02.2023 passed by the Honorable Justice Bibek Chaudhuri ,  quashed the penalty imposed on the petitioner and also directed to repay the amount and directed to issue the […]

Reassessment proceedings becomes null & void if no valid service of section 148 notice

February 17, 2023 5865 Views 0 comment Print

If there is no valid service of notice under section 148, the reassessment proceedings are null and void. service of notice under section 148 is a condition precedent for making reassessment or re-computation under section 147 of the Act.

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