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Alleged GST Evasion: Rajasthan HC grants bail to accused

January 3, 2023 1317 Views 0 comment Print

It is contended by learned counsel for the petitioner that he has falsely been implicated in this case. Learned counsel submitted that there has been violation of mandatory provisions while effecting his arrest and its continuation as contained in the Act of 2017.

Matter not to be remanded back when all the materials on record are available

January 3, 2023 3030 Views 0 comment Print

HC set aside order passed by Commercial Tax Tribunal remanding the matter to the Assessing officer. Held that, the Tribunal was incorrect in remanding back the matter, when all the material was before it thus, it should have dealt with each of the material and decided the same.

Cancellation of registration without providing opportunity of hearing is cryptic in nature

January 3, 2023 1050 Views 0 comment Print

HC held that SCN and order for cancellation of GST Registration is not sustainable on the grounds that the order was passed without any personal hearing and thus, cryptic in nature. Further directed the Revenue Department to restore the GST registration of assessee.

Calcutta HC order refund of excess VAT paid which was accepted by department in Form 27

January 3, 2023 636 Views 0 comment Print

Mobile Store Limited Vs Joint Commissioner, Commercial Taxes (Calcutta High Court) 1. This intra-Court appeal by the writ petitioner is directed against the order dated 29th November, 2022 in W.P.A. 23900 of 2022. The said writ petition was filed by the appellant praying for a direction upon the respondents to refund the amount of excess […]

Non-deduction of TDS on Sale of Share to Airtel by Vodafone- HC directs AO to determine whether it is a fit case for Reassessment

January 3, 2023 972 Views 0 comment Print

Vodafone Mauritius Limited Vs ACIT (Delhi High Court) Ms Fereshte D. Sethna, who appears on behalf of the petitioner, says that the principal allegation against the petitioner is that the petitioner, which is a foreign company incorporated under the laws of Mauritius, had sold shares worth Rs.1295 crores, of an Indian company going by the […]

HC quashes Reassessment order passed without Considering Objections of Assessee

January 3, 2023 2460 Views 0 comment Print

Kailash Kedia Vs ITO (Orissa High Court) Learned counsel for the Petitioners have also assailed both the notice under Section 148-A(1)(b) of the Act as well as the consequential order under Section 148-A(1)(d) on several grounds including the ground of limitation, not considering the objections filed, not providing a personal hearing, non-application of mind to […]

HC set-aside ex party Order passed without mandatory 30 day notice -Section 74(A) of CGST

January 3, 2023 1884 Views 0 comment Print

Motiprabha Infratech Pvt. Ltd Vs Union of India (Patna High Court) Undisputedly, minimum statutory period of 30 days mandated under the provisions of Section 74(A) of CGST/BGST Act, 2017 was not afforded to the petitioner for making payment due and prior to the expiry of 30 days, the assessing officer proceeded to pass the order, […]

HC disposes matter without entering into merits on request of petitioner

January 3, 2023 534 Views 0 comment Print

Mehta Enterprise Vs State of Gujarat (Gujarat High Court) As there has been an order of confiscation, learned advocate Mr. D.K.Puj, learned advocate requires this to be withdrawn. According to him, he will have an opportunity to then take a legal recourse which he wants to explore. Matter is being disposed of without entering into […]

Kerala VAT- HC set-aside Order against legal heirs without any notice to them

January 3, 2023 825 Views 0 comment Print

Sreeram. B. Vs Sales Tax Officer (Kerala High Court) A perusal of Ext.P6 order of the 1st respondent does not reveal that the order was issued after affording any opportunity of hearing to the legal heirs of late Bhagavathirajan. The registration of the dealer was cancelled from 12.05.2022 on account of the death of late […]

HC allows release of goods subject to payment of GST

January 3, 2023 633 Views 0 comment Print

Sheetal Jain Vs State Tax Officer (Kerala High Court) Petitioner has approached this Court being aggrieved by Ext.P12 order issued under Section 130 of the CGST/SGST Acts and Ext.P15 appellate order confirming Ext.P12 order. The grievance of the petitioner is that in the absence of the Appellate Tribunal, the petitioner is unable to avail the […]

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