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GST: Rajasthan HC granted interim protection against arrest

August 6, 2022 822 Views 0 comment Print

HC has issued interim protection against arrest and directed the Petitioner to appear before the concerned authority in response to the summon received under Section 70 of the Central Goods and Services Tax Act, 2017

HC criticises frequent breach of principles of natural justice by Income Tax Officers

August 6, 2022 2985 Views 1 comment Print

We are frequently coming across cases where Income Tax Authorities are giving complete go by to the principles of natural justice. The excuse orally being set up usually by the departmental counsels is that there is some problem in the computerisation system which is solely controlled by CBDT

Rajasthan High Court Stays recovery of GST on Royalty

August 6, 2022 2607 Views 0 comment Print

Thekedar Vishnu Kumar Vs Union of India (Rajasthan High Court) Stay on the recovery of GST on Royalty- HC directed that the proposed recovery of GST on royalty  shall remain stayed qua the petitioners. However, the respondents shall be at liberty to continue with the proceedings which have been initiated under the impugned notices. FULL […]

Pre-arrest bail not granted in socio-economic offence

August 6, 2022 1047 Views 0 comment Print

Held that keeping in view the gravity of the crime, it being socio-economic offence, petitioner is not entitled for pre-arrest bail.

GST: Voluntary Payment of Tax/Penalty U/S. 129 Does Not Debar A Dealer From Filing Appeal U/S.107

August 6, 2022 11373 Views 0 comment Print

Kerala HC held that even in cases where tax or penalty levied U/s. 129 of the GST Acts, 2017 was paid by a taxable person he can file an appeal U/s. 107 of the said Acts.

Goods cannot be seized from godown by invoking section 129 of CGST Act

August 6, 2022 3027 Views 0 comment Print

Mahavir Polyplast Pvt. Ltd. Vs State of U.P. (Allahabad High Court) The Hon’ble Allahabad High Court in Mahavir Polyplast Pvt. Ltd. v. the State of U.P. And 2 others [Writ Tax No. 57 of 2020 and Writ Tax No. 58 of 2020 dated August 6, 2022] quashed the orders of the GST officials for seizing […]

Interest on delayed GST refund cannot be denied for Covid-19

August 6, 2022 792 Views 0 comment Print

Application for payment of interest for delayed period was denied on the ground that due to Covid-19 processing of GST refund was delayed.

Cr.P.C. Proceedings initiated without recording statements is unsustainable in law

August 5, 2022 2568 Views 0 comment Print

It can be held that even before the issue of process or examining the sworn statement of the complainant, there could be cognizance in a particular case.

Import of gold is not prohibited but the same is restricted to prescribed quantity

August 5, 2022 3765 Views 0 comment Print

Held that import of gold is not prohibited, but restricted subject to prescribed quantity on payment of duty.

Block electronic credit ledger only to the extent of demand – HC directs dept

August 5, 2022 597 Views 0 comment Print

Jyoti Commotrade Private Limited Vs State of West Bengal (Calcutta High Court) Admittedly, the allegations relate to transactions pertaining to financial year 2017-2018 and accordingly by a notice dated October 22, 2021 the alleged claim of input tax credit to the tune of Rs.71,23,836.66 paisa each under CGST/SGST head had been disallowed. If that is […]

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