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GST Appeals Can’t Be Dismissed for Non-Maintainability if Filed on HC’s Direction

January 11, 2025 789 Views 0 comment Print

Allahabad High Court ruled that appeals under Section 107 of the CGST Act cannot be dismissed as not maintainable if the High Court itself has directed the petitioner to pursue an alternative remedy under this provision.

GST Notification Ratification cannot substitute recommendation: Gauhati HC

January 10, 2025 1782 Views 0 comment Print

Gauhati HC quashes GST Notification No. 56/2023, clarifying that ratification cannot substitute prior recommendation as mandated under Section 168A of the CGST Act.

Amount deposited for contract signee does not attract S. 69A-Allahabad HC

January 10, 2025 867 Views 0 comment Print

It was argued on behalf of the revenue that tribunal was not justified in passing the order as it is an admitted fact that huge cash was deposited in the bank account of the assessee, which was totally contrary to the agreement hence provisions 69A were attracted.

No opportunity is being provided to petitioner: Delhi HC directs DGFT to reconsider

January 10, 2025 1194 Views 0 comment Print

Writ petitions were filed challenging the minutes of meeting held on 08.11.2024, though which TRQ (Tariff Rate Quota) allotted to petitioners by the respondent for import of bullion. Petitioners are dealing in business of import of gold.

Granting opportunity of hearing not mandatory for Local Committee on High Pitched Scrutiny Assessment

January 9, 2025 1563 Views 0 comment Print

Madras High Court held that Local Committee on High Pitched Scrutiny Assessment are not required to grant an opportunity of being heard as there is no provisions laid down in the SOP. Accordingly, writ dismissed.

Notice and order issued based on suo motu PAN issued by department is unjustifiable: Patna HC

January 9, 2025 480 Views 0 comment Print

The petitioner is aggrieved with the demand raised under a new PAN number distinct and different from the PAN number under which the petitioner has been filing return, which was validly issued to her by the department.

Recredit of amount paid on reverse charge during GST transition in Electronic Credit Ledger permitted

January 9, 2025 750 Views 0 comment Print

Madras HC held that amount paid by petitioner on reverse charge basis during transition to GST regime is allowed as recredit as Input Tax Credit in Electronic Credit Ledger. Accordingly, petition allowed.

Reopening of concluded assessment after issue of final certificate under DTVSV not permissible

January 9, 2025 1032 Views 0 comment Print

Delhi High Court held that no provision under the Direct Tax Vivad Se Vishwas Act, 2020 [DTVSV Act] empowers Designated Authority to reopen concluded assessment after issuance of final certificate u/s. 5(1) of the DTVSV Act.

Power u/s. 107(2) doesn’t permit commissioner to review order of appellate authority

January 9, 2025 1548 Views 0 comment Print

Delhi High Court held that review of order passed by the appellate authority, by the Commissioner, by exercising powers vested by section 107(2) of the Central Goods and Services Tax Act is unsustainable n law. Accordingly, writ petition allowed.

Placing matter on call book and taking it up after several years impermissible: Delhi HC

January 8, 2025 1161 Views 0 comment Print

In the opinion of this Court, there existed no reason for the non-adjudication of the show-cause notice and therefore this Court is of the opinion that the facts do not reveal any glaring impossibility for the Customs Department to deal with the show-cause notice.

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