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Assessing Authority Must Address Objections; GST Order Exceeding SCN is Void: Madras HC

January 13, 2025 768 Views 0 comment Print

Madras HC sets aside an order exceeding the scope of a Show Cause Notice under GST, citing non-application of mind and violations of Section 75(7) of the Act.

Gujarat HC Sends Case Back for Refund Review Under CBIC Circular

January 13, 2025 1482 Views 0 comment Print

The Gujarat HC directs authorities to re-evaluate Kashi Exports’ GST refund claim as per CBIC’s 2023 circular on adjusted total turnover calculation for exporters.

No effective service of notice and order: Allahabad HC remanded matter

January 11, 2025 1356 Views 0 comment Print

No notice GST DRC-01A was served upon the assessee hence he could not make a reply. Petitioner became aware only after when order was uploaded on the tab “view additional notices and orders”.

Reminder and demand order uploaded under wrong tab on GST portal: HC set-aside order

January 11, 2025 1302 Views 0 comment Print

In the matter abovementioned writ petition, challenging the impugned order creating demand u/s 73 GST, after observing that reminder and order was uploaded on ‘Additional Notices and Orders’ Tab instead of ‘Due Notices and orders’.

Documents of exempted e-way bill not produced: Madras HC remanded matter

January 11, 2025 1137 Views 0 comment Print

In a recent ruling Hon’ble Madras HC allowed writ petition by observing that petitioner that consolidated amount was related to invoice bills which are less than Rs. 1 Lakh and hence are exempted.

One Time Settlement request cannot be entertained by sole financial creditor post initiation of CIRP: Telangana HC

January 11, 2025 1278 Views 0 comment Print

Telangana High Court held that sole financial creditor cannot entertain request of One Time Settlement once corporate debtor enters in Corporate Insolvency Resolution Process (CIRP). Accordingly, petition dismissed.

Information uploaded by investigation wing doesn’t amount to handing over of material to AO: Delhi HC

January 11, 2025 2769 Views 0 comment Print

Delhi High Court held that uploading of information by the investigation wing of the Income Tax department would not be a substitute for recording of a satisfaction note by the AO of searched person for handing over material to AO of person other than searched person.

Service of Customs notice via e-mail necessary to prevent improper service to parties: Delhi HC

January 11, 2025 1458 Views 0 comment Print

Delhi High Court held that in order to avoid improper service to parties and to avoid ex-parte proceedings, it is incumbent that service of notices ought to be effected even through email and on the common portal, in addition to the traditional methods as per Section 153.

Separate application for compounding of Income Tax offences by co-accused permissible: Delhi HC

January 11, 2025 777 Views 0 comment Print

Delhi High Court held that co-accused permitted to apply separately for compounding of offences committed by a Company or HUF. Accordingly, matter remitted back to decide afresh in light of CBDT circular dated 17.10.2024.

Dept Cannot Initiate Proceedings Based on Delayed Section 41(4) OVAT Audit Report: Orissa HC

January 11, 2025 897 Views 0 comment Print

Orissa High Court rules that delayed audit reports under Section 41(4) of the OVAT Act cannot justify subsequent proceedings, setting aside related assessments.

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