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Central and State Tax Authorities both cannot conduct audit on same subject matter: Section 6(2)(b) of CGST Act violated

September 22, 2025 1149 Views 0 comment Print

Madras High Court held that it is not permissible for Central Tax Authorities to initiate proceedings on same subject matter on which audit already conducted by State Tax Authorities. Accordingly, notice quashed as violative of section 6(2)(b) of the CGST Act, 2017.

Cancellation of GST registration for non-compliance of some procedural requirements not justifiable

September 22, 2025 693 Views 0 comment Print

Calcutta High Court held that cancellation of GST registration for non-compliance of some procedural requirements is not justified. Accordingly, order cancelling GST registration set aside and petitioner directed to file return for entire period of default.

Assessment order under GST quashed as passed beyond show cause notice

September 22, 2025 825 Views 0 comment Print

Madras High Court held that any order travelled beyond the scope of show cause notice is not maintainable. Thus, impugned assessment order under GST was passed beyond the scope of show cause notice is liable to be quashed.

Opportunity of being heard granted as assessment completed on best judgement due to non-response by petitioner

September 22, 2025 534 Views 0 comment Print

Madras High Court held that completion of assessment on best judgement as the petitioner had not shown cause in response to the notice vis-à-vis assessment made after several years of return filing. Hence, matter restored back for providing opportunity of being heard to petitioner.

Reopening u/s. 148 quashed as genuineness of loan already established

September 22, 2025 675 Views 0 comment Print

Gujarat High Court held that reopening of assessment under section 148 of the Income Tax Act alleging accommodation entries not sustained in absence of any supporting, independent, tangible material. Accordingly, reopening quashed as genuineness of loan established.

Section 271(1)(c) cannot be imposed on ad hoc estimation of bogus purchases

September 21, 2025 3258 Views 0 comment Print

PCIT Vs Colo Colour Pvt. Ltd. (Bombay High Court) Bombay High Court in PCIT vs Colo Colour Pvt. Ltd. examined the validity of penalty levied under Section 271(1)(c) of the Income Tax Act, 1961, in the context of alleged bogus purchases claimed by the assessee. The appeal arose from an order dated 31 July 2020 […]

Freight reimbursement not form part of sale price for sales tax: Bombay HC

September 21, 2025 933 Views 0 comment Print

Bombay High Court held that freight reimbursed by wholesalers to Parle Products Ltd. is not part of the sale price, affirming that sales tax cannot be levied on such charges.

Allahabad HC Allows GST Appeal Using Electronic Credit Ledger Pre-Deposit

September 21, 2025 1140 Views 0 comment Print

The court quashed the appellate authority’s order that dismissed an appeal due to a pre-deposit made via this method, citing precedents from the Gujarat High Court and Supreme Court.

Allahabad HC Quashes GST Registration Over Invalid Show-Cause Notice

September 21, 2025 924 Views 0 comment Print

In Bala Ji Medical Ajency vs. State of U.P., the Allahabad High Court found that a GST show cause notice that provided conflicting deadlines was invalid, leading to the reversal of the firm’s registration cancellation.

Unsigned GST Assessment Orders Invalid: AP High Court

September 21, 2025 810 Views 0 comment Print

The Andhra Pradesh High Court has invalidated GST assessment orders against RCC Engineering due to the absence of the assessing officer’s signature. The decision relies on judicial precedent.

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