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Non-Constitution of GSTAT: Patna HC Grants Stay on recovery on 20% Deposit

December 29, 2024 591 Views 0 comment Print

Patna High Court grants conditional stay on GST tax recovery due to the non-constitution of the GST Appellate Tribunal, requiring a 20% deposit of disputed tax.

Excise Duty Exemption Not Taxable under Income Tax Act, 1961

December 29, 2024 714 Views 0 comment Print

Jammu & Kashmir HC rules excise duty exemption is a capital receipt, not taxable under Income Tax Act, dismissing Revenue’s appeal in PCIT Vs Gravita Metal Inc.

Madras HC directs 25% pre-deposit for treating GST order as SCN for fresh hearing

December 29, 2024 384 Views 0 comment Print

Assessee should  deposit 25% of the disputed tax within a period of four (4) weeks for a fresh hearing in matters engaging the discrepancies between GSTR-3B and GSTR-2A returns.

Order Passed Without Hearing Violates Natural Justice: Allahabad HC

December 29, 2024 1581 Views 0 comment Print

Allahabad High Court quashed a GST cancellation order citing a violation of natural justice due to the absence of a hearing. Legal principles reinforced in the case.

GSTR-2A vs GSTR-3B Difference Added Ignoring Objection: HC remands matter

December 28, 2024 741 Views 0 comment Print

During the scrutiny of GST monthly returns for AY 2018-19, it was found that there existed a difference between the ITC available as per GSTR-2A and ITC availed as per GSTR-3B to the tune of Rs.10,22,809/- of IGST.

Arrest in GST fake ITC held illegal due to discrepancies in arrest procedure

December 28, 2024 1566 Views 0 comment Print

Delhi High Court held that arrest of petitioner involved in availment of input tax credit against fake invoice illegal and set aside the remand order since various discrepancies were noticed in arrest procedure followed by the department.

Simultaneous trial of distinguishable offence in PMLA and IPC not accepted: Madras HC

December 28, 2024 837 Views 0 comment Print

Madras High Court held that request for simultaneous trial both in PMLA and in predicate offence registered under IPC not accepted since both the offence are distinguishable and not connected with each other.

Supply of helicopters without transfer of right to use not exigible to tax u/s. 2(g)(vi) of CST

December 28, 2024 435 Views 0 comment Print

Delhi High Court held that supply of helicopters to Andaman and Nicobar Islands Administration without transfer of right to use not exigible to tax under section 2(g)(vi) of the Central Sales Tax Act, 1956 [CST Act].

Refund due AY 2016-17 can not be adjusted against demand for AY 2015-16 if appeal is pending before tribunal-Kerala HC

December 28, 2024 675 Views 0 comment Print

In a recent ruling Hon’ble Kerala HC have held that refund due to the petitioner for the year 2016-17 could not have been adjusted against the demand for 2015-16 when there was a stay on account of the provisions contained in Section 60 (1A) of the KVAT Act.

Levy of IGST on ocean freight unconstitutional: Delhi HC

December 28, 2024 828 Views 0 comment Print

Delhi High Court held that levy of Integrated Goods and Services Tax (IGST) on ocean freight is unconstitutional. Accordingly, directed department to refund service tax paid on ocean freight during April to June 2017.

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