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HC set aside Assessment order passed prior to elapse of time granted to respond to SCN

June 8, 2021 1827 Views 0 comment Print

Ekambaram Sukumaran Vs ITO (Madras High Court) The Honourable High Court has set aside the impugned assessment order for de-novo completion, holding it to be in breach of the principle of natural justice as the order was made prior to the elapse of time granted to respond to show cause notice (SCN), the impugned order […]

Appeal – Limitation – Liberal approach to be followed during Covid

June 7, 2021 1809 Views 2 comments Print

Shree Jagannath Traders Vs Commissioner of State Tax Odisha (Orissa High Court) Mr. Narasingh, learned counsel for the Petitioner, points out that while the appeal was accompanied by the downloaded printed copy of the order appealed against at the time of filling of the appeal, it was not accompanied by the certified copy thereof at […]

HC Set aside ex parte GST order passed in Violation of Natural Justice

June 7, 2021 3213 Views 0 comment Print

Pramod Khad Bhandar Vs Union of India (Patna High Court) Contention of Appellant For issuance of a consequential writ or order for quashing of the ex parte order dated 05.03.2020 passed under section 73 of the state act and also for quashing of the summary of order issued in form GST DRC – 07 dated […]

HC quashes Plea to challenge Office Memorandum prescribing guidelines for implementation of GST in works contract

June 7, 2021 2340 Views 0 comment Print

Since Office Memorandum (OM) only prescribed the manner/procedure of calculation to determine the amount of tax in a particular eventuality in the transitional period of migration to GST Act with effect from 1st July, 2017 consequently, the Court found no merit in assessee’s challenge to quashed the said OM in law.

HC stays assessment order passed during lockdown

June 4, 2021 1275 Views 0 comment Print

Ketan Ribbons Pvt Ltd Vs National Faceless Assessment Centre Delhi (Delhi High Court) Counsel for the petitioner says that since the lockdown was imposed in Delhi on 19.04.2021, the petitioner was not able to step out. It is stated that the petitioner was required to collate documents from third parties, as regards. Furthermore, learned counsel […]

Anticipatory bail granted to director in case of GST scam worth Rs. 22.42 Crores

June 4, 2021 3714 Views 0 comment Print

Anticipatory bail was granted to the Director of the Company of wrongfully availing Input Tax Credit worth Rs. 22.42 Crores on the condition that applicants should make themselves available for interrogation by the proper officer as and when required;

JVAT: Period of limitation to appeal against assessment order commences from date of service of demand notice, not from date of assessment order

June 4, 2021 2400 Views 0 comment Print

Orders of assessments were a quasi-judicial order passed after hearing of assessee, followed by issuance of demand notices as per the provision of JVAT Act itself and assessee had statutory remedies against the orders of assessments whose limitation commence from the date of receipt of the demand notices and not from the date of the assessment orders

HC grants Bail to Former GST Official in Disproportionate assets case

June 3, 2021 2328 Views 0 comment Print

B. Sreenivasa Gandhi Vs Inspector of Police (Telangana High Court) This Criminal Petition, under Sections 437 and 439 of the Code of Criminal Procedure, 1,973, is filed by the petitioner/A-1 seeking to grant bail to him in connection with F.I.R.No.RC 10 (A)/201,9, dated 08.09.2019 of C.B.I., A.C.B., Hyderabad, which was registered against him for the offences […]

Who can use the acronym ICAI- HC to hear the matter on 27th July, 2021

June 3, 2021 1161 Views 0 comment Print

Institute of Chartered Accountants of India Vs The Institute of Cost Accountants of India (Delhi High Court) Institute of Chartered Accountants of India has filed a writ with the Delhi high court against use of acronym ICAI by Institute of Cost Accountants of India. The Result will be of Interest to the Members of both […]

HC directs AO to Pass fresh assessment order after according personal hearing

June 3, 2021 1122 Views 0 comment Print

Naina Lal Kidwai Vs National Faceless Assessment Centre Delhi (Delhi High Court) Liberty is, given to AO to pass a fresh assessment order, after according personal hearing to the petitioner and/or her authorized representative. The personal hearing will be accorded via video-conferencing (VC) mechanism. For this purpose, the assessing officer will issue a written notice, […]

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