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Order quashed as three opportunities of personal hearing as required u/s. 33A of Central Excise Act not granted

May 13, 2025 603 Views 0 comment Print

Patna High Court held that section 33A of the Central Excise Act, 1944 mandates granting at least three opportunities of personal hearing at sufficient interval. Order passed without complying the same is liable to be quashed.

Exporters entitled to both input side and output side rebate u/r 18 of Central Excise Rules

May 13, 2025 594 Views 0 comment Print

Bombay High Court held that exporters are entitled to both input side and output side rebate under Rule 18 of the Central Excise Rules, 2002 and not just one kind of rebate. Thus, present writ petition allowed.

Statement Recording via Video Conferencing Allowed Amid Passport Renewal Hold

May 13, 2025 1065 Views 0 comment Print

Bombay High Court permitted audio-video appearance before investigating officer for recording of statement in view of Economic Offences Wing’s (EOW) directions to withhold the renewal of the petitioner’s passport. Accordingly, petition stands allowed.

Customs Writ Dismissed due to negligible amount of drawback & penalty

May 13, 2025 450 Views 0 comment Print

Delhi High Court didn’t entertained the appeal filed by the Customs Department since the quantum of alleged wrongly availed drawback and penalty there on was too negligible. Accordingly, writ disposed of.

Order Quashed as Petitioner Unaware of GST SCN on ‘Additional Notices’ Tab: Delhi HC

May 13, 2025 795 Views 0 comment Print

Delhi High Court held that petitioner was not aware about the GST SCN uploaded on ‘Additional Notices Tab’, accordingly, order passed in absence of the reply is liable to be quashed. Notably, 30 days time given to petitioner to furnish reply.

Delhi HC Upholds Bail, Rules Re-Arrest Unwarranted in Fraudulent ITC Case

May 13, 2025 1206 Views 0 comment Print

Delhi High Court held that bail granted in fraudulent ITC generated and passed by the respondent is upheld since there was no pending investigation. Re-arrest of respondent is unwarranted since he has fully cooperated in investigation.

Serve GST notice by alternate modes if GST portal notice not responded: Madras HC

May 13, 2025 3750 Views 0 comment Print

This writ petition has been filed challenging the impugned order dated 27.08.2024 passed by the respondent. It is mainly contested that all notices/communications were uploaded by the respondent in the GST common portal.

Disallowance of ITC Due to Supplier’s GST Registration Cancellation Remitted Back

May 13, 2025 1476 Views 0 comment Print

Delhi High Court held that demand on account of ITC availed from supplier whose GST registration has been cancelled retrospectively is remitted back for fresh adjudication since co-ordinate bench has set aside retrospective cancellation of supplier’s registration.

Delay in filing Form 10B condoned since genuine hardship faced: Delhi HC

May 13, 2025 678 Views 0 comment Print

Delhi High Court held that delay in filing Form 10B is condonable since genuine hardship is faced by the petitioner and there is sufficient material on record proving the same. Accordingly, writ disposed of.

Forum Convenience Principle Favors Remedies in Kolkata as Cause of Action Originated There: Bombay HC

May 12, 2025 654 Views 0 comment Print

Thus, a substantial portion of the cause of action has accrued at Kolkata. Applying the principle of forum convenience, it would be appropriate if the petitioner was relegated to availing of the remedies at Kolkata.

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