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All High Courts

GST paid during Investigation shall be treated as amount paid ‘under protest’

January 14, 2022 13494 Views 0 comment Print

Aditya Energy Holdings Vs Directorate General of GST Intelligence (Madras High Court) The amount paid by the petitioner are only deposits pending proper adjudication under Section 73/74 of the CGST Act, 2017. It appears that the amounts were collected from the petitioner during March 2021, at the time when summons were also issued to the […]

HC quashes order rejecting Form SVLDRS-1 proving opportunity hearing

January 14, 2022 486 Views 0 comment Print

Sunil Jay Prakash Singh Vs Union of India (Bombay High Court) A perusal of the Order passed by the Respondent No.5 indicates that the applications were rejected without affording any opportunity of being heard. The question, as to, whether the tax liabilities are already quantified or not as on 30th June 2019 itself is a […]

HC sets aside retrospective amendment In IPR denying GST reimbursement

January 14, 2022 2040 Views 0 comment Print

High Court set aside the retrospective amendment in Industrial Policy Resolution denying GST reimbursement as the Court was not satisfied of the reasons given by the Opposite Parties for discriminating against assessee unit vis-à-vis KPCW which appeared to be identically placed as assessee and nowhere does IPR 2007 state that a cement producing unit that sources raw materials from outside would be ineligible to receive the incentives.

Delhi HC dismisses conducting of alleged parallel investigation by various jurisdictional authorities

January 13, 2022 7953 Views 0 comment Print

HC dismissed the applicability of Circular in a petition challenging the conduct of alleged parallel investigation by various jurisdictional authorities and affirmed the investigations conducted various jurisdictional authorities of the Revenue Department into entities having common nexus. Held that, Circular cannot be extended to cover all and myriad situations that may arise in the administration and the functioning of the GST structure.

Directors’ personal property cannot be Attached to Recover Companies Sales Tax Dues

January 13, 2022 6864 Views 0 comment Print

Sunita Ramesh Bansal Vs Assistant Commissioner of State Tax (Gujarat High Court) It appears that Ms. Veena Bhagvandas Jindal from whom the writ applicant purchased the plot, at one point of time, was a Director in a Company by name the Jindal Alufoils Pvt. Ltd. According to the writ applicant, she came to know upon […]

HC imposes cost on GST officer for seizure of goods without any justification

January 13, 2022 3972 Views 0 comment Print

Shri Surya Traders Vs Union of India (Allahabad High Court) Admittedly, the petitioner have sold the goods to two different registered dealers. The petitioner being a registered dealer have duly issued two tax invoices of the goods in question. The authorities have not disputed the issuance of tax invoices. An adverse view has been drawn […]

HC refuses to interfere in arbitral process- Dismisses writ challenging appointment of arbitrator

January 13, 2022 2358 Views 0 comment Print

Subramaniyan N.N Vs. Anwar. C.K (Kerala High Court) Sub-section (2) of Section 13 of the Arbitration and Conciliation Act, 1996 lays down the procedure to challenge the appointment of an arbitrator. True, sub-section (4) of Section 13 provides that if such a challenge is not successful, the arbitral tribunal shall continue the arbitral proceedings and […]

Nobody has a fundamental right to a public holiday – Bombay HC

January 13, 2022 2052 Views 0 comment Print

Kishnabhai Nathubhai Ghutia Vs Administrator Union Territory (Bombay High Court) Whether or not to declare a particular day as a public holiday or an optional holiday or no holiday at all is as a matter of government policy. There is no legally enforceable right that can be said to have been infringed. Nobody has a […]

Ill health of Wife of Assessee- HC remits matter back to AO to grant one more opportunity

January 13, 2022 456 Views 0 comment Print

G. Satish Kumar Vs PCIT (Karnataka High Court) Petitioner has specifically stated that his wife is suffering from liver and brain tumor and was undergoing treatment and consequently, pursuant to the notice dated 09.09.2021 passed under Section 142(1) of the IT Act, the petitioner appeared before respondent No.2 and requested granting of 30 days time […]

GST refund cannot be rejected merely for Manual filing of refund application

January 13, 2022 3024 Views 0 comment Print

Ayana Pharma Limited Vs Union of India (Gujarat High Court) Section 54 of GST Act provides that any person claiming refund of any tax and interest, if any, paid on such tax or any amount paid by him, can make an application before the expiry of two years from the relevant date in any such […]

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