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HC quashes GST Assessment order passed without Fair opportunity of hearing

July 30, 2021 1683 Views 0 comment Print

National Enterprises Vs Union of India (Patna High Court) Having heard learned counsel for the parties as also perused the record made available, we are of the considered view that this Court, notwithstanding the statutory remedy, is not precluded from interfering where, ex facie, we form an opinion that the order is bad in law. […]

HC imposed cost on GST Department for non-appearance and non-filing of counter-affidavit

July 30, 2021 714 Views 0 comment Print

Delhi HC imposes cost on Audit-I & GST EAST for non-appearance. Anand and Anand vs Union of India. Latest legal updates by Anand Bhattacharya

Payment of interest liability in installments is allowed due to pandemic situation

July 29, 2021 3639 Views 0 comment Print

Aich Brothers Vs Union of India (Gauhati High Court) The Hon’ble Gauhati High Court in the case of M/s. Aich Brothers v. the Union of India [WP(C)/3222/2021, dated July 13, 2021] directed the assessee to approach the Revenue Department with an application to pay the outstanding dues against the interest liability for delayed filing of […]

GST Evasion: Bail rejected due to severity of allegations & conduct of assessee

July 29, 2021 1827 Views 0 comment Print

Rejected anticipatory bail application due to severity of allegations and conduct of assessee In Directorate General of CGST Intelligence (Delhi East Unit) v. Saurav Gupta [Bail Application No. 1423/21 decided on July 28, 2021] Saurav Gupta (Respondent), 90% shareholder of M/s Saurav Beverages Private Limited (Company) filed anticipatory bail application. The Department submitted that during […]

Power to extend period to be exercised before expiry of original limitation period

July 29, 2021 2589 Views 0 comment Print

Cobra Instalaciones Y Servicios, S.A. Vs Commissioner of Sales Tax (Orissa High Court)  M/s Cobra Instalaciones Y Servicios (Petitioner) challenged an assessment order dated May 15, 2013 (Assessment Order) passed under Section 42 of the Odisha Value Added Tax Act, 2004 (OVAT Act) for being passed beyond the period of limitation i.e. after lapse of […]

HC set aside ex-parte order passed without allowing due opportunity of hearing

July 29, 2021 5529 Views 0 comment Print

V.S. Enterprises Vs State of U.P. (Allahabad High Court) Undisputedly, three periods for which the orders had been passed are overlapping. Notice dated 22.12.2020 was issued by respondent no.2 for the period July 2017 to March 2018. It covers the entire period and dispute being sought to be adjudicated in the other two notices as […]

Assets purchased for showroom of dealer for promoting sale was capital expense

July 29, 2021 1401 Views 0 comment Print

Expenditure made by assessee towards purchase of equipment, such as wheel balancer/wheel aligner/wheel changer/tyre changer, was capital expenditure but not revenue expenditure as assessee had installed equipment’s, which could be removed and also could be taken back and reused in some other place and assessee would continue to be the owner of these equipments, though they were installed in the premises of the dealers.

Amendment in TN VAT Act for rectification of an anomaly is retrospective: HC

July 28, 2021 3822 Views 0 comment Print

The Petitioner contended that the amendment was effected by way of rectification of an anomaly and therefore, it cannot be construed as a new policy. Thus, the benefit of ITC granted pursuant to the amendment is to be extended so as to cover the transactions took place prior to the insertion of the amendment.

Granted bail on medical grounds to a person accused of misusing public funds & reinvesting the same in other businesses

July 28, 2021 11388 Views 0 comment Print

Sri Nanjundaiah Vs Union of India (Karnataka High Court) Sri Nanjundaiah (Petitioner), the founder of Kanva Souhardha Co-operative Credit Limited (Society) has filed the Bail Application in Special Criminal Case No.846/2020 registered by the Directorate of Enforcement (Respondent) for the offence punishable under Section 4 of the Prevention of Money Laundering Act, 2002 (PML Act). […]

Hc releases Ambulances which were detained for not having E-way bill

July 28, 2021 4878 Views 0 comment Print

East India InfoTech Pvt. Ltd. Vs State of Tripura (Tripura High Court) Considering the prime defence of the petitioner that he is not a registered dealer nor is he dealing in purchase and sale of vehicles and the ambulances have been purchased by the petitioner only for its own use and purpose since the petitioner […]

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