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HC quashes order Cancelling GST registration without giving Reasons

January 2, 2023 480 Views 0 comment Print

Not only the order is non­speaking, but cryptic in nature and the reason of cancellation not decipherable therefrom. Principles of natural justice stand violated and the order needs to be quashed as it entails penal and pecuniary consequences.

HC dismisses Plea Challenging Levy and collection of cess under GST

January 2, 2023 1302 Views 0 comment Print

Ranvir Kumar Karan Vs Union of India (Madhya Pradesh High Court) In view of the Apex court judgment in Civil Appeal No.10177 of 2018 in the case of Union of India vs. Hind Energy and Coal Benefication (India Ltd.) HC dismisses plea challenging Levy and collection of cess under Section 8 of the Goods and […]

State obliged to issue C’ Forms for the period prior to GST regime

January 2, 2023 630 Views 0 comment Print

High Court held Declaration forms or ‘C’ Forms are required to be issued by the relevant State, which in the present case is State of Rajasthan.

Reassessment beyond six years is barred by Limitation & is invalid

January 2, 2023 1143 Views 0 comment Print

Admittedly, the issuance of notice and initiation of re-assessment proceeding are beyond six years and, prima facie, it is barred by limitation both under the old Act as well as under newly amended provision relating to Section 147 of the Act.

Non-compliance of procedure of GST circular will not dis-entitle petitioner from claiming GST refund

January 1, 2023 2055 Views 0 comment Print

Balkrishna Industries Limited Vs Union of India (Gujarat High Court) The petitioner has prayed for direction to refund of Rs. 21,71,74,611/-, which is unutilised input tax credit to be refunded without any Integrated Goods and Services Tax (IGST) debit with interest. Section 16 of the Act allows registered person to take credit on input tax […]

HC quashed vague GST registration cancellation order with no reasons for cancellation 

January 1, 2023 1542 Views 0 comment Print

The show cause notice issued to the petitioner in this case shows that the same has been issued in Form GST Reg 31, which is the form for issuing a notice regarding suspension of registration.

Application admitted by ARA vitiated by law if investigation already commenced prior to filing of application

January 1, 2023 717 Views 0 comment Print

When investigation has already commenced prior to the filing of application, the ARA shall not admit the application as per proviso to sub-section (2) of Section 98, we are of the view that the ARA should not have admitted the application in the instant case and issued its ruling.

Assessee should not suffer for technical fault in department’s system: HC

January 1, 2023 1089 Views 0 comment Print

For the technical fault is in the department’s system, petitioner should not be suffered and victimized respect unless the respondents’ specific case with specific record is that the aforesaid objection of the petitioner was uploaded beyond the time granted.

HC quashed order rejecting GST refund without serving relevant notice to petitioner

January 1, 2023 759 Views 0 comment Print

Adisan Laboratories Pvt. Ltd. Vs Union of India (Bombay High Court) The Petitioners have challenged the order passed by the Assistant Commissioner, Central Tax, Pune -1 Commissionerate, Pune dated 31 May 2022 rejecting the claim of the Petitioners for refund due to account of Input Tax Credit accumulated due to inverted duty structure. The procedure […]

Madras HC order on 44 writ petitions against GST Registration Cancellation order where appeals have been filed belatedly

January 1, 2023 2733 Views 0 comment Print

Pandidorai Sethupathi Raja Vs Superintendent of Central Tax (Madras High Court) This order, passed in a batch of 44 writ petitions is a sequel to several earlier orders passed in other batches of writ petitions wherein the cause of action is similar/identical to that in the present writ petitions. All petitioners challenge either orders passed […]

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