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All High Courts

GST registration cannot be cancelled on mere statement of receptionist

January 26, 2023 1110 Views 0 comment Print

Where authority while cancelling GST registration solely relied upon statement made by receptionist of building who could not recognise appellant’s photograph, proper course was followed, therefore, matter was to be remanded to original authority for conducting fresh enquiry

e-bill expired without any fraudulent intent – HC Quashes Penalty order

January 26, 2023 3729 Views 0 comment Print

Orson Holdings Company Limited Vs Union of India (Gujarat High Court) 1. At the time of issuance of notice on 7.12.2018 in this petition which is filed under Article 226 of the Constitution of India, this Court has passed the following order: “1. This petition challenges the constitutional validity of rule 138(10) of the Central […]

Blocking of ITC under Rule 86A(3) & proceedings under Section 73/74

January 26, 2023 2010 Views 0 comment Print

It is pointed out to us that action of blocking under Rule 86A(3) is for period of one year. As regards one of the suppliers, account was blocked on 21 October 2021 and other suppliers it was on 14 March 2022.

Seizure of goods in transit allegedly for carrying fake invoice – HC directs owner of goods to approach competent authority

January 26, 2023 1731 Views 0 comment Print

It is sought to be submitted that no reason has been assigned for seizure of the goods and the reason assigned in the Form GST MOV-06 for seizure of the goods that the purchaser firm was not in existence and it was a fake sale and invoice, is absolutely false.

GST Registration cancellation: HC Quashes Appellate Authority order

January 26, 2023 1230 Views 0 comment Print

Siddharth Associates Vs State Tax Officer (Gujarat High Court) 1. The petitioner is before this Court seeking to challenge the action of the respondent authority essentially on two counts firstly, because the order of cancellation of registration is in breach of principle of natural justice being very cryptic and non-reasoned order and secondly, the appellate […]

Demand of tax and penalty for release of goods without mentioning the reasons is unsustainable

January 26, 2023 1059 Views 0 comment Print

HC set aside order raising a demand of tax and penalty for release of the goods. Held that, neither SCN nor order of demand stated reasons for imposing tax liability as well as penalty.

Calcutta HC on allowing hookah bars in West Bengal until an Act is enacted in this regard

January 26, 2023 1614 Views 0 comment Print

The petitioner clients are strictly complying with the rules and regulations of the aforesaid COTP Act 2003 and other applicable statues and rules. They only permit use of tobacco, nicotine and herbal products in the hookahs Since there is no law banning the use of tobacco, nicotine and herbal products in bars and restaurants

Appeal not heard for 3 Years – Calcutta HC directs CIT(A) to decide within 4 months

January 26, 2023 1326 Views 0 comment Print

Rupahali Sarees Private Limited Vs Union of India (Calcutta High Court) Sub-The petition in this case filed to challenge inaction on part of CIT (Appeals) in deciding the appeal against order u/s 263 which was filed on 27-1-2020 even though almost 3 years had passed. Petitioner submits that in spite of repeated remainders though almost […]

Initiation of proceeding u/s 130 of CGST Act due to discrepancy in quantity in documents is justified

January 26, 2023 1323 Views 0 comment Print

Kerala High Court held that discrepancy in quantity in the documents is sufficient for department to suspect the evasion of tax. Accordingly, initiation of proceedings u/s 130 of CGST/ SGST valid.

Migration of unadjusted TDS amount allowable under GST

January 26, 2023 1341 Views 0 comment Print

Jharkhand High Court held that unadjusted TDS amount under Jharkhand Value Added Tax Act is allowed to be migrated under Jharkhand Goods and Services Tax Act, 2017.

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