Sponsored
    Follow Us:

All High Courts

Once SVLDRS-2 issued, department cannot renege on the same

February 13, 2023 1449 Views 0 comment Print

Bombay High Court held that once SVLDRS-2 issued and follow up action taken by the department, authorities cannot renege on the same when rejection of SVLDRS-1 not communicated to the applicant.

Order rejecting duty drawback claim without specifying reason for rejection is non-speaking order

February 13, 2023 1308 Views 0 comment Print

Madras High Court held that petitioner duly provided detailed reasons as to why they were unable to file the duty drawback claim within the prescribed time, whereas, impugned order was passed without stating reasons for rejecting the claim. Such impugned order being a cryptic and non-speaking is liable to be quashed.

Whether an order for transfer of a case from one city to another is administrative order?

February 12, 2023 1998 Views 0 comment Print

Kamal Nath Vs PCIT (Calcutta High Court) Whether an order for transfer of a case from one city to another is an administrative order or a quasi judicial order and also whether reasons are required to be recorded for passing such an order In this high voltage case related to Ex-Chief Minister of Madhya Pradesh […]

CGST & SGST Authority cannot simultaneously prosecute assessee on same subject matter

February 12, 2023 2388 Views 0 comment Print

HC held that, State Tax Authority cannot prosecute assessee, when Central Tax Authority already initiated action in respect of same matter

Provisionally attached movable property to be released on offer of immovable property

February 11, 2023 1611 Views 0 comment Print

Gujarat High Court held that as per CBIC circular dated 23.02.2021 provisionally attached movable property (including bank account) should be released when the taxable person offers any immovable property in lieu of the same.

HC directs GST Dept. to pay 6% interest for wrong encashment of bank guarantee

February 11, 2023 1431 Views 0 comment Print

The material on record discloses that undisputedly, the respondents encashed the bank guarantees of the petitioner on 23.09.2019 and the same was retained and was lying with them from that date onwards up to 05.01.2022 when the said sum of Rs.4,73,26,512/- was refunded back to the petitioner.

Refund cannot be denied for an inadvertent error which was subsequently rectified

February 11, 2023 2301 Views 0 comment Print

HC held that assessee cannot be penalised for an inadvertent error in submitting an erroneous information, which had already been rectified. Revenue Department should examine information as submitted by assessee and process its claim for refund of unutilized ITC

Mere non-reply to SCN cannot be ground for cancellation of GST Registration

February 10, 2023 2505 Views 0 comment Print

HC set aside order cancelling GST Registration of assessee, passed on the ground that assessee had failed to reply to Show Cause Notice

Advance Ruling by CAAR maintainable as question not pending for consideration

February 10, 2023 819 Views 0 comment Print

Delhi High Court held that merely because an officer of customs contemplates that a question may arise for consideration, does not mean that the question is pending consideration. Accordingly, the same cannot bar Customs Authority for Advance Ruling (CAAR) from deciding the issue in an application for advance ruling.

Duty exemption available as there is no transfer in violation of actual user condition

February 10, 2023 996 Views 0 comment Print

Bombay High Court held that there is no transfer of property in goods when furniture manufactured is transferred from one unit to other. Hence, there would be no violation of condition (i) or (vii) of the Notification No. 30/97-CUS dated 1 April 1997 as there is no transfer in violation of the actual user condition.

Sponsored
Sponsored
Search Post by Date
August 2024
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031