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HC directs department to issue rectified C-Forms subject to verification of entitlement

December 21, 2022 1104 Views 0 comment Print

Vodafone Idea Limited Vs Government of NCT of Delhi (Delhi High Court) The HC directed the Revenue Department to issue the rectified C-Forms, subject to the verification of entitlement on merits, without being burdened with issue concerning limitation. The petitioner is a telecom service provider. It undertook inter-state sales (C Forms). There was an error. […]

Addition for Non reconciliation of purchases with GSTR-1 – HC set-aside order 

December 21, 2022 1719 Views 0 comment Print

Whether on account of non reconciliation of purchases reflected by the party in GSTR 1 without supplying necessary details, the assessment order passed u/s 143(3)/144B is sustainable in law?

Chartered Accountant Institute can suo moto initiate disciplinary proceedings against its member

December 21, 2022 1893 Views 0 comment Print

Delhi High Court held that Section 21 of the Chartered Accountants Act, 1949 provides suo moto power to the institute to initiate disciplinary proceedings against its member without any written complaint/ allegation.

DCIT penalized with imprisonment as direction of High Court deliberately not followed

December 21, 2022 4362 Views 0 comment Print

Allahabad High Court held that High Courts order directed quashing of notice and consequential order. However, the outstanding amount on web portal continued for a period of 7 months. It clearly shows act and action of the opposite party is deliberate in nature. Hence, contemnor – opposite parity i.e. Deputy Commissioner of Income Tax penalized with fine and simple imprisonment for one week.

Restriction on utilization of ITC u/r 86A of CGST Rules cannot continue beyond one year

December 21, 2022 4338 Views 0 comment Print

Delhi High Court held that restrictions on utilization of input tax credit imposed under rule 86A of the Central Goods and Services Tax Rules cannot extend beyond the period of one year.

Order passed without considering recorded unretracted statements is untenable

December 21, 2022 1173 Views 0 comment Print

Calcutta High Court held that order passed without considering statements recorded under section 108 of the Customs Act which are not retracted is liable to be interfered.

GST demand on export not done by BHEL: HC Grants stay to ESL Steel Limited

December 21, 2022 996 Views 0 comment Print

ESL Steel Limited Vs Bharat Heavy Electronic Limited (Jharkhand High Court) The Petitioner made supplies for export to Bharat Heavy Electricals Ltd (BHEL). The goods were ultimately exported, albeit with delay. Petitioner and BHEl made representations to the Revenue for condonation of delay in exports. Reliance was placed on Para 5.1 of Circular No. 37/11/2018-GST […]

Ex-parte orders violates principles of natural justice & entails civil consequences

December 21, 2022 2952 Views 0 comment Print

Patna HC set aside the ex-parte rejection orders passed by the Revenue Department, owing to the violation of natural justice principles.

Increased service tax rate under composition not affect pending contracts

December 21, 2022 813 Views 0 comment Print

Calcutta High Court held that the rates of tax as increased would be prospective and shall not affect the pending contracts and therefore would be entitled to the compounded rate of tax at 2% for the relevant period.

HC quashed Order passed without considering reply & document produced

December 21, 2022 3540 Views 0 comment Print

Bombay High Court held that order passed without taking into account the reply and document produced by the petitioner to the show cause notice is liable to be quashed and set aside.

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