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Chhattisgarh HC accepts Writ petition challenging Vires of Section 16(4) of CGST Act 2017

September 19, 2022 1821 Views 0 comment Print

Nathuram Surendra Kumar Vs Union of India (Chhattisgarh High Court) Chhattisgarh High Court accepts Writ petition challenging the Vires of Section 16 (4) of CGST Act 2017 Heard Mr. Palash Soni, learned counsel, appearing for the petitioners. Also heard Mr. Ramakant Mishra, learned Assistant Solicitor General, appearing for the respondent No. 1, Mr. Gagan Tiwari, […]

GST registration cancellation – Availment of wrong remedy by petitioner – HC directs petitioner to file a fresh application for revocation

September 19, 2022 1461 Views 0 comment Print

Whether revocation of cancellation of GST registration can be allowed even after the statutory time limit given and extended time limit by authority has been expired due to Covid-19 Pandemic all over the world?

Interest on delayed GST payment leviable on net liability

September 19, 2022 2289 Views 0 comment Print

Whether interest on delayed GST payment as per section 50 of CGST Act, 2017 can be levied on gross tax liability instead of net liability?

Proposal containing arbitration clause signed by one party doesn’t amount to arbitration agreement

September 19, 2022 861 Views 0 comment Print

Bombay High Court has held that a mere reference to a proposal containing an arbitration clause which was unilaterally signed by one party, would not amount to an arbitration agreement coming into existence between the parties. Suit filed before Trial Court stand restored.

Inadvertent human error in E way bill cannot lead to proceedings & penalties

September 19, 2022 4812 Views 0 comment Print

Maharaja Cables (C/O Maxwell Logistic Pvt Ltd)  Vs Commissioner (GST) State Tax Indore (M.P.) (Madhya Pradesh High Court) HC held that inadvertent human error in generating E way bill cannot lead to proceedings and penalties under Section 129 of CGST Act, 2017. A tax invoice was generated which reflected the destination as well as the […]

ITAT allows additional ground regarding treatment of subsidy – HC confirms

September 19, 2022 591 Views 0 comment Print

PCIT Vs Crystal Crop Protection Pvt. Ltd. (Delhi High Court) The department has reiterated its objection to the ITAT admitting additional ground raised by the assessee regarding the treatment of subsidy. However, in the impugned order, the ITAT has given detailed reasoning for permitting the additional ground after relying upon the judgments of the Supreme […]

Section 206AA cannot have overriding effect on DTAA

September 19, 2022 2055 Views 0 comment Print

CIT International Taxation Vs Air India Ltd. (Delhi High Court) Whether ITAT has erred in holding that the rate of deduction of tax in the case of a non-resident who does not have a PAN and whose case does not lie in the exceptions laid down in Sub-Section 7 of Section 206AA of the Act […]

GST Refund: Exclude Period from 01.03.2020 to 28.02.2022 for limitation – HC

September 19, 2022 3573 Views 0 comment Print

HC directs exclusion of period from 1st March 2020 to 28th February 2022, for limitation period computation for filing GST refund application

Treat Interest paid prior to SCN as pre-deposit for SVLDR Scheme: HC

September 19, 2022 510 Views 0 comment Print

Patanjali Ayurved Ltd. Vs Commissioner of Central Excise & Service Tax & Anr. (Uttarakhand High Court) The short question that arises for determination in this writ petition is ‘whether the amount paid by the petitioner, under protest, towards interest , prior to issuance of show cause shall be considered as pre-deposit while disposing his application […]

GST: Distinction cannot be made between a working day and holiday in matters pertaining to detention of goods

September 19, 2022 2007 Views 0 comment Print

Since in matters of interception, seizure and detention, the GST Department did not recognise the concept of ‘working day’ and ‘holiday’, therefore, the order of detention was necessarily to be issued prior to the 7th day from date of detention/seizure of the conveyance/consignment in question, to validate both the interception and the SCN.

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