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All High Courts

CIT cannot exclude genuine disputes under VSV Act on Hyper-Technical grounds

September 14, 2022 810 Views 0 comment Print

HC held that attempt by CIT to exclude a genuine disputant of tax liability, like petitioner, from possibility of settlement under VSV Act is extremely hyper-technical.

Suspension of GST registration without opportunity of being heard- HC issues notice to Centre/State Govts

September 14, 2022 1365 Views 0 comment Print

SAT Industries Limited Vs Union of India (Bombay High Court) Suspension of GST registration without opportunity of being heard- HC issues notice to Centre/State Govts Petitioner submitted that the original Sub-Rule (2) of Rule 21A of the Central Goods and Service Tax Rules, 2017  provided that a party shall be given a reasonable opportunity of […]

No seizure of Betel Nuts if Not Required For Investigation: Gauhati HC

September 14, 2022 1026 Views 0 comment Print

While the seized betel nuts are not required for the purpose of investigation, as is apparent from the report of the I.O., the grounds, so assigned for rejection of zimma petition, filed by the petitioner, by the learned court below, seems to be not in conformity with the law, so laid down by Hon’ble Supreme Court in the year 2002.

Drawback refund cannot be denied for Mistakenly suffixing ‘A’ instead of ‘B’

September 14, 2022 339 Views 0 comment Print

Petitioner never claimed higher draw back. Mistakenly suffix ‘A’ was included instead of ‘B’ but draw back claimed was same as custom component

No penalty for incomplete Part-B of e-way bill due to technical error

September 14, 2022 5511 Views 0 comment Print

Prima-facie no intent to evade duty can be ascertained, penalty cannot be levied only on allegation that Part-B of e-way bill not filled

HC directs Revenue to facilitate Petitioner to file GST return(s) by opening the Portal

September 13, 2022 1638 Views 0 comment Print

This Court is of the opinion that the Opposite Parties are required to facilitate the Petitioner to file GST return(s) by opening the Portal.

GST: Whether interest under section 50 can be demanded on gross tax liability?

September 13, 2022 3345 Views 0 comment Print

Issue a writ in the nature of mandamus or issue any appropriate writ declaring that the interest under Section 50(1) is to be levied on the payment of tax by electronic cash ledger and not electronic credit ledger

Application seeking police custody not maintainable after expiry of 15 days from arrest & first remand of accused

September 13, 2022 13617 Views 0 comment Print

Yogeshbhai Naginbhai Vora Vs State of Gujarat (Gujarat High Court) The only question that falls for consideration of this Court is whether the police custody / remand of the petitioner – accused can be ordered by the Court pending adjudication and in an interregnum time, when the initial period of 15 days is over? The […]

Gujarat HC allows availment of Transitional Credit – Follows SC Order

September 13, 2022 1038 Views 0 comment Print

Unique Infra Space Pvt. Ltd. Vs Union of India (Gujarat High Court) All the captioned petitions constitute a group and what the petitioners have prayed is to direct the respondent authorities to permit the petitioners to file ‘Form GST Tran-I’ to enable the petitioners to claim the carried forward eligible duties of CENVAT/Input Tax Credit […]

Reassessment is invalid in absence of valid notice

September 13, 2022 951 Views 0 comment Print

The foundation of a reassessment proceeding is a valid notice and if this notice is held to be invalid the entire edifice sought to be raised on such foundation has to collapse.

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