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Penalty cannot be imposed merely because it is lawful to do so

July 1, 2021 2925 Views 0 comment Print

The Petitioner filed petition against the order dated May 24, 2017 (Order) by the passed by the Karnataka Appellate Tribunal denying the input tax credit (ITC) in respect of capital goods and imposing penalty stating that penal provisions are mandatory.

Citizen cannot be penalised for a discrepancy in FCRA forms

July 1, 2021 1077 Views 0 comment Print

The citizen cannot be penalised for a discrepancy in the form prescribed by the respondent which has resulted in the form being unable to be submitted even in the case of a law abiding citizen.

Wrongful availment of ITC – Orissa HC denies Bail

June 30, 2021 948 Views 0 comment Print

Santosh Kumar Gupta Vs Union of India (Orissa High Court) The genesis of the case relates to the search conducted on 29.02.2020 in the office premises of M/s. Pacific Packaging Industries which is a proprietorship concern of the Petitioner by the Senior Intelligence Officers of the Directorate General of Goods and Services Tax Intelligence. In […]

Andhra Pradesh HC extends all Interim Orders subsisting on 21.04.2021

June 30, 2021 1185 Views 0 comment Print

In re Extension of interim orders in view of current wave of Covid-19 Pandemic Vs State of Andhra Pradesh (Andhra Pradesh High Court) FULL TEXT OF THE JUDGMENT/ORDER of ABDHRA PRADESH HIGH COURT The current wave of COVID-19 pandemic has created havoc in the country with fast rising number of cases. Many of the learned advocates […]

In absence of supportings HC upheld disallowance for expense via personal credit card of director

June 30, 2021 1143 Views 0 comment Print

Swan Silk Private Limited Vs ACIT (Karnataka High Court) The Assessing Officer with regard to claim disallowance of 50% of credit card expenses has held that the assessee has not adduced any evidence that drawings made by the Directors through their personal credit card are in fact, incurred for the purpose of business of the […]

NI Act: Word ‘may’ used in Section 143A is directory in nature & not discretionary

June 30, 2021 42735 Views 0 comment Print

The Hon’ble High Court in present facts of the case after interpreting the word ‘may’ have held that granting of 20% compensation under Section 143A of the Negotiable Instruments Act, 1881 is totally valid as the said provision is not discretionary in nature.

No Pre-show cause notice consultation when Assessee not complies with Summons

June 30, 2021 1725 Views 0 comment Print

Novel Security Services Vs Additional Director (Karnataka High Court) In the present case, it is seen that every attempt made by the respondent to secure information/document from the appeal were stonewalled by the appellant. Though the show cause notice issued by the respondent which was impugned before the learned Single Judge was not preventive in […]

Detention under GST:  Out of two e-way bills validity of one expired – Conditional release by Tripura HC

June 30, 2021 912 Views 0 comment Print

Disposing WP(C) No.433/2021, Dated: 30th June, 2021 in ATC Supply Chain Solution Pvt. Ltd. Vs. The State of Tripura & Ors, the Hon’ble High Court of Tripura, granted a conditional release of goods & vehicle detained U/s. 129 of the CGST/SGST Acts, 2017.

Constitutional validity of Rule 86A of CGST Rules challenged

June 29, 2021 3036 Views 0 comment Print

MRS Realty Private Ltd. and Anr. Vs Union of India and Ors. (Calcutta High Court) Calcutta High Court issued a notices to the Centre as well as State Government in a writ petition where vires of Rule 86A was also challenged and it was also prayed to read down section 16(2)(c) of The CGST Act. […]

HC explains period for which interest payable on pre-deposit refunded

June 29, 2021 2139 Views 0 comment Print

M/s. Maithan Ceramics Limited Vs The Commissioner of Central Tax (Andhra Pradesh High Court) An analysis of the aforesaid statutory morphism would show while the original provision stipulated interest would be payable at a rate specified in Section 27A after expiry of three months from the date of communication of the order of the appellate […]

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