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Calcutta HC directs Sales Tax Dept. to accept ‘D’ Forms & allow concessional tax rate

June 17, 2022 363 Views 0 comment Print

Instant Writ Petition has been filed against action of Sales Tax Department concerned denying it concessional rate of tax on sales made by it

HC set aside GST order as opportunity of personal hearing not provided

June 17, 2022 1200 Views 0 comment Print

High Court  set aside the assessment order passed U/s.74 of the WBGST Act, as no opportunity of personal hearing was provided to the petitioners, although the same was specifically asked from the authorities.

Uploading or serving of a summary of show cause in Form GST-DRC-01 under rule 142(1) is mandatory

June 16, 2022 4674 Views 1 comment Print

Balaji Traders Vs State Tax Officer (Madras High Court) The uploading or serving of summary of show cause in Form GST-DRC-01 under Rule 142(1) is not a mere formality, but it is mandated under the Rule, so that, the Assessee would have a chance of getting summary of show cause and to respond the same […]

Notice under GST Rule 68 to be issued electronically or through post?

June 16, 2022 3231 Views 0 comment Print

Jabir Hasan Vs Assistant Commissioner of State Tax GST (Uttarakhand High Court) It is not disputed that Rule 68 of Central Goods and Services Tax Rules, 2017 provides for notice to the non filers of returns – a notice in form GSTR – 3A shall be issued electronically to a registered person who fails to […]

Order passed within 3 years from the due date of GST return not hit by limitation

June 16, 2022 1125 Views 0 comment Print

Quality Mart Vs Assistant Commissioner (ST) (Madras High Court) One of the ground raised by the petitioner dealer is that under Section 73 (10) of the TNGST Act, 2017 (Act) that the assessing officer should have passed an order within three years period from the due date for furnishing of annual return for the financial […]

Non-jurisdictional AO cannot issue Section 148 notice to Appellant

June 16, 2022 2370 Views 0 comment Print

Louis Dreyfus Company Asia Pte. Ltd Vs CIT (International Taxation) (Delhi High Court) Learned counsel for the petitioner submits that since the impugned notice dated 30th March, 2019 has been issued under Section 148 of the Act by respondent no.3 based in Mumbai, who is a non-jurisdictional Assessing Officer, he is not entitled to exercise […]

Articles seized by police, may be released to Owner after detailed panchnama

June 16, 2022 4932 Views 0 comment Print

S K Industries Vs State of Gujarat (Gujarat High Court) it is settled law that, the articles seized by the police, may be released to the person, who in the opinion of the Court, is lawfully entitled to claim, after preparing detailed panchnama of such articles as well as photographs of such articles and security […]

HC set aside Order passed before expiry of time granted by AO to reply to draft assessment

June 16, 2022 885 Views 0 comment Print

Bhadrish Jayantilal Sheth Vs ITO (Calcutta High Court) In this writ petition, petitioner has challenged the impugned assessment order dated 30th March, 2022 under Section 147 read with Section 144B of the Income Tax Act, 1961 relating to assessment year 2013-2014 on the ground of violation of principle of natural justice by not providing the […]

HC direct AO to pass speaking order after considering submission of appellant

June 16, 2022 630 Views 0 comment Print

SL Lumax Ltd. Vs DCIT (Madras High Court) Without expressing any opinion on the merits of the case, HC is inclined to set aside the orders impugned herein as well as in the writ petition and are accordingly, set aside. Consequently, the matter is remanded to the assessing officer to decide the decision for reopening […]

Buyer Not Responsible For Non Payment of GST by Seller

June 16, 2022 230379 Views 0 comment Print

Petitioners further submit that they have paid the amount of purchases in question as well as tax on the same not in cash and all transactions were through banks and petitioners are helpless if at some point of time after the transactions were over,

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