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Validity of SCN: HC direct GST dept to consider applicability of Circular No. 52/26/2018-GST

July 8, 2022 1443 Views 0 comment Print

PEETEE Coach Builders Private Limited Vs Union of India (Madras High Court) The petitioner has challenged the impugned show cause notice dated 15.12.2020 of the 4th respondent on the ground that the impugned notice is contrary to the circular No.52/26/2018-GST, dated 09.08.2018 of the Government of India, Ministry of Finance (Department of Revenue), Central Board […]

HC condones delay as GST Registration Cancellation affects livelihood

July 8, 2022 2727 Views 0 comment Print

Delay in Filing of Appeal beyond period of 1 month condoned as Cancellation of Registration would affect the livelihood and violate Article 21 of Constitution

Refund allowed of IGST paid by assessee on ocean freight charges

July 7, 2022 6105 Views 0 comment Print

Gujarat HC directed department to grant refund of IGST already paid by the assessee on the amount of ocean freight charges.

Reopening by officer having no jurisdiction vitiate the entire proceedings

July 7, 2022 2238 Views 0 comment Print

Reopening the assessment under section 148(2), by officer having no jurisdiction over the appellant, vitiate the entire reassessment proceedings initiated against the appellant.

Non-completion of disciplinary proceedings, after adequate opportunities, untenable

July 7, 2022 4455 Views 0 comment Print

More than adequate opportunities to complete the disciplinary proceedings arising from Departmental Charge Sheet dated 16.07.2015 had been granted by the CAT firstly in 2016, and then again in 2020. Extension rightly not granted

GST – Grant Personal Hearing Before Passing Order: Calcutta HC

July 7, 2022 1197 Views 0 comment Print

Suraj Singh Vs Assistant Commissioner (Calcutta High Court) GST: Calcutta High Court Directs Assistant Commissioner To Grant Personal Hearing Before Passing Order Heard learned advocates appearing for the parties. By this writ petition, petitioner has challenged the impugned order passed by the Assistant Commissioner of State Tax, Asansol Charge, dated 9th March, 2022 on the […]

Creditworthiness of Lender not proved: Section 148A(d) order valid

July 7, 2022 864 Views 0 comment Print

Indus Technical Education Society Vs Union of India (Allahabad High Court) So far as unsecured loan of Rs. 28,53,439/ is concerned, the petitioner could not submit any credible evidence alongwith its reply to establish credit worthiness of the lender i.e. M/s Arrow Netmart Pvt. Ltd. Therefore, prima facie, the Assessing Authority had some relevant material […]

Section 9 – A&C Act – Specific performance of contract cannot be directed

July 6, 2022 2424 Views 0 comment Print

Power under Section 9 could only be exercised for preservation of the subject matter of the dispute till the decision of the Arbitral Tribunal and scope of relief under Section 9 of the Arbitration and Conciliation Act, 1996 Act could not be extended for directing specific performance of the contract.

Non-consideration of assessee’s reply to Section 148A notice – HC directs dept to pass fresh order

July 5, 2022 1113 Views 0 comment Print

Agrawal Petrolium Co. Vs PCIT (Madhya Pradesh High Court) The main grievance put forth is that when petitioner received a notice under Section 148A(b) of Income Tax Act, the petitioner filed a reply on 15.03.2022 but the same was not considered by the respondent. Learned counsel for the parties by placing reliance on para-3 and […]

Service tax cannot be levied on Chit Funds prior to 15.06.2015

July 5, 2022 630 Views 0 comment Print

Chit funds are liable to pay service tax only after amendment to definition of word ‘service’ brought in i.e., wef 15-6-2015 as held by SC in UOI v. Margadarshi Chit Funds (P.) Ltd.

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