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Arbitration Application Maintainable Despite Pendency of Reference before MSME Council

September 6, 2022 933 Views 0 comment Print

HC held that merely because one party, has approached before MSME Council, Arbitration application cannot be held to be not maintainable

HC set-aside Reassessment Order Passed without Considering Reply of Assessee

September 6, 2022 3270 Views 1 comment Print

Rithala Education Society Vs Union of India (Delhi High Court) In the present case, the significance of issuance of a show cause notice at a stage prior to issuance of a re-assessment notice under Section 148 of the Act has been lost on the respondents inasmuch as the impugned order under Section 148A(d) of the […]

If the Assessee disputes GST Interest Liability then revenue to follow Section 73 or 74 procedure

September 6, 2022 2448 Views 1 comment Print

HC held that that if assessee disputes Section 50 GST interest liability then revenue have to follow specific procedure of Section 73 or 74

Reassessment order not based on reasons of Notice is not sustainable

September 6, 2022 1824 Views 0 comment Print

Excel Commodity And Derivative Pvt. Ltd Vs Union of India (Calcutta High Court) The appellant/assessee was issued notice under Section 148A(b) of the Act dated 22nd March, 2022. The sum and substance of the allegation in the notice was that the appellant/assessee has done fictitious derivative transactions with M/s. Blueview Tradecom Pvt. Ltd. The assessee […]

Revenue cannot be restrained from collecting GST when Adverse Order sustains

September 6, 2022 678 Views 0 comment Print

An order has passed holding the issue adverse to interests of petitioner. So, prayer of petitioner for a mandamus forbearing respondents from levying, collecting or recovering GST does not arise.

Payment from electronic cash ledger under GST for SVLDRS allowed: HC

September 6, 2022 861 Views 0 comment Print

Payment made by electronic cash ledger maintained by petitioner under CGST Act also amounts to payment through internet banking for SVLDRS: HC

Section 148 Reassessment notice after due application of mind is valid

September 6, 2022 2034 Views 0 comment Print

Shrikant Phulchand Bhakkad Vs JCIT (Bombay High Court) It was seen that the issue under consideration of the office had not been examined by the assessing officer while passing the assessment order. The transactions entered into by the assessee were non genuine and were carried out with a view to avoid paying tax. The assessee […]

Applicability of RTI Act to Govt Aided Educational Institutions run by societies – HC directs Commission to decide

September 5, 2022 2562 Views 0 comment Print

Whether the societies and the educational institutions (aided) run by the societies are subject to Right to Information Act, 2005?

Bombay HC issues directions on filing of GST TRAN-1/revised GST TRAN-1

September 5, 2022 1809 Views 0 comment Print

Unichem Laboratories Limited Vs Union of India (Bombay High Court) (a) All Petitioners, through their respective units/offices registered under CGST Act and/or State Acts, as the case may be, can avail this window and file GST TRAN-1/revised GST TRAN-1 at the units/offices between 01.09.2022 to 31.10.2022 in terms of the Hon’ble Supreme Court’s order in […]

Canvat carry forward under GST regime cannot be denied for late payment

September 5, 2022 1065 Views 0 comment Print

Assistant Commissioner of GST & Central Excise Vs Ganges International Private Limited (Madras High Court) High Court held that carry forward of service tax eligible for CENVAT in erstwhile regime cannot be denied for late payment can be denied under GST due to Transitional Period and inability of the petitioner to claim through filing FORM GST […]

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