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Order without stating reason of cancellation of GST registration is non-speaking

January 26, 2023 1434 Views 0 comment Print

Gujarat High Court held that order passed cancelling GST registration without mentioning the reason for said cancellation is non-speaking and cryptic in nature.

No Late fees to be charged if returns not filed due to cancellation of GST registration, which was restored subsequently

January 25, 2023 7860 Views 0 comment Print

held that the assessee cannot be penalised by demanding late fee where, assessee had not filed GST returns due to cancellation of GST Registration on factually incorrect grounds.

Specification of Charge of penalty is an important factor while deciding the matters in litigation

January 25, 2023 2136 Views 0 comment Print

Specification of Charge of penalty under section 271(1)(c) is an important factor while deciding the matters in litigation- Ganga Iron and Steel Trading Co. v Commissioner of Income Tax dated 22.12.2021 , 447 ITR 743 (Bom.)

After an inordinate delay, Service Tax proceedings cannot be carried forward

January 25, 2023 1518 Views 0 comment Print

Bombay High Court held that proceedings that are not concluded within a reasonable period cannot be carried forwards after an inordinate delay.

Calcutta HC on appointment & responsibility of additional director

January 25, 2023 2979 Views 0 comment Print

Surendra Kumar Singhi Vs Registrar of Companies, West Bengal & Anr (Calcutta High Court) Sub- What is the criteria for determining whether the director is an additional director or independent director? Also whether an additional director is liable for prosecution regarding the non reporting of fullest information and explanation in the Board’s report on comments […]

GST officers have no power to seize cash during search operations

January 25, 2023 5940 Views 0 comment Print

HC held that, seizure under Section 67 of CGST Act is limited to goods liable for confiscation or any documents, books or things which may be useful for or relevant to any proceedings and ‘cash’ does not fall within definition of ‘goods’

Availment & passing of fake/ineligible ITC – HC Grants bail to accused

January 23, 2023 1779 Views 0 comment Print

Prosecution case against petitioner is that he created fake firms for availment and passing of fake/ ineligible Input Tax Credit (ITC) to facilitate existing beneficiary firms.

Assessee permitted to make changes in Form GSTR-3B for July, 2017 & March, 2018

January 23, 2023 6666 Views 0 comment Print

HC permitted assessee to make necessary changes to its Form GSTR 3B returns for July, 2017 and March, 2018 and held that, allowing the assessee to make such changes, would not cause any prejudice to Revenue Department nor would it upset the chain of credit under GST

Madras HC quashes Charge Memo against VAT Officer

January 23, 2023 717 Views 0 comment Print

M. Baskar Vs Commissioner of Commercial Taxes (Madras High Court) Petitioner cannot be held guilty for the alleged charge, in view of the fact that his assessment order passed earlier in his official capacity has once again been re-affirmed in the subsequent assessment order passed pursuant to the directions given by this Court in W.P.Nos. […]

HC directs processing of GST refund withheld for wrong reflection of GST registration status

January 23, 2023 384 Views 0 comment Print

Delhi High Court case: Anuj Gupta seeks GST refund. Issue with GSTN registration. Court directs examination of GSTR 2A format. Refund processing timeline set.

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