Madras High Court held that while dealing with the assessment made on the basis of computer generated mis-match report i.e. mis-match in VAT return should be dealt with as per procedure narrated in circular no. 5/2021 dated 24.02.2021.
CIT Vs S. Kumar Tyres Manufacturing Co. Ltd. (Madhya Pradesh High Court) Sub-Whether there can be any penalty u/s 271(1)(c) in respect of a debatable issue? The Division bench of Madhya Pradesh High Court was considering department’s appeal when ITAT had given relief to the assessee by holding that there could not have been penalty […]
Narendra Kumar Gupta Vs State of Kerala (Kerala High Court) The points to be decided is whether the appellant had the right to avail input tax against the purchase items effected after a period of 90 days. The dealer had paid tax on the goods purchased from a registered dealer for sale within the State […]
Delhi High Court held that High Court had disposed of the Letters Patent Appeal as the Appellate Tribunal was not functional, however order was passed when the Appellate Tribunal became functional. Accordingly the order passed in LPA will not come in the way of the parties as an equally efficacious alternative remedy available before the Appellate Tribunal.
Chhattisgarh High Court held that the amendment to section 50 of the CGST Act, 2017, that the interest shall be levied on that portion of tax paid by debiting the electronic cash ledger (i.e. net tax liability) is effective retrospectively from 1st July 2017
Delhi High Court in Shri Sai Co-operative Thrift and Credit Society Ltd. (supra) has considered a similar position and has held that issuance of a show cause notice with a period lesser than seven days would vitiate the same.
Mars Shipping Services Vs Commissioner of Customs (Madras High Court) As regards the show cause notice, dated 8.9.2014, it is to be noted that the respondent has followed the procedure contemplated under the Regulations after having passed an order for continuing the suspension, by proceedings dated 28.8.2014. As per Regulation 18 of the CBLR, 2013, […]
Offence in this case is only the lapsing of e-way bill, and that too for bonafide reasons, and this offence may not be viewed very harshly. HC reduces Penalty
Piedade Carvalho Vs Maria Victoria Boavinda (Bombay High Court) In this case, the delay was of only 67 days. Further, the explanation offered was that the appellant was illiterate, knowing neither to read nor write. He was a senior citizen suffering from various ailments related to his age. He engaged an Advocate to represent him […]
Respondents have grossly failed in their duty in law in not passing the appeal effect orders and issuing refund as per Section 153(5) of the Act and their action of withholding the refund is ex facie contrary to and in contempt of Article 265 and 300A of the Constitution of India.
