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No GST on value of by-products i.e., broken rice, bran & husk by treating as part of milling charges: HC

November 20, 2020 31026 Views 0 comment Print

Shiridi Sainadh Industries Vs Deputy Commissioner ST INT (Andhra Pradesh High Court) Writ Petition is allowed and the impugned Assessment Order passed by the 1st respondent vide Ref. No.CGST/ 2017-18/05 dated 29.10.2018 in so far as it relates to the levy of GST on the value of by-products i.e., broken rice, bran and husk treating […]

HC penalises advocate for Professional Misconduct

November 20, 2020 7995 Views 0 comment Print

Nirmla Devi Vs State of H.P. (Himchal Pradesh, Shimla High Court) It is more than settled that practice of law is not akin to any other business or profession as it involves a dual duty – nay a primary duty to the Court and then a duty to the litigant with the privilege to address […]

Royalty paid for Licence to Manufacturing/Sale & Technical Know-How having enduring benefit is Capital Expense

November 20, 2020 2937 Views 0 comment Print

Telco Construction Co. Ltd. Vs ACIT (Karnataka High Court)  Thus, from perusal of the relevant clauses of the agreement, it is clear that the assessee is a joint venture company and under the agreement has been granted non transferable licence to manufacture / assemble the Hitachi licence products within the territory using technical know-how furnished […]

Section 142(1) obliges SCN under GST to be uploaded on website: HC

November 19, 2020 24657 Views 0 comment Print

Ram Prasad Sharma Vs. Chief Commissioner and another (Madhya Pradesh High Court) petitioner has drawn the attention of this Court to the provision of Rule 142(1) of CGST Act to contend that the said provision statutarily obliges the revenue department to communicate show-cause notice/order by uploading the same on the website of revenue so that […]

If Procedure for delivery of SCN not followed it Tantamount to Violation of Principles of Natural Justice

November 19, 2020 2028 Views 0 comment Print

Ram Prasad Sharma Vs. Chief Commissioner And Another (Madhya Pradesh High Court) Rule 142 of CGST Act reveals that the only mode prescribed for communicating the show-cause notice/order is by way of uploading the same on website of the revenue. The State in its reply has provided no material to show that show-cause notice/order No.10 […]

GST order passed is bad in law if mandatory procedures not followed

November 19, 2020 8004 Views 0 comment Print

Shri Shyam Baba Edible Oils Vs Chief Commissioner and another (Madhya Pradesh High Court) In the case of Shri Shyam Baba Edible Oils Vs Chief Commissioner and another it was held by Madhya Pradesh High Court that If mandatory procedures as per rule not followed the orders passed are bad in law under GST. It […]

HC Grant Petitioner Opportunity to file Representation Regarding Refund of Excess Payment of Tax

November 19, 2020 1746 Views 0 comment Print

The present petition is filed to seek refund of excess payment of tax, if payment was made through ITC. HC grant the petitioner an opportunity to explain its stand on GSTR-1 and GSTR-3B as also the Circulars.

Show Cause Notices to Taxpayers Under GST Act Mandatory to Upload on Website – Mere E-Mail is not Suffice

November 19, 2020 34179 Views 5 comments Print

Akash Garg Vs State of M.P. (Madhya Pradesh High Court) Show Cause Notices (SCN) to Taxpayers Under GST Act Mandatory to Upload on Website – Mere E-Mail is not Suffice 1. The Honourable Madhya Pradesh Court in case of Akash Garg Vs State of M.P, vide order dated 19.11.2020 held that statutory procedure prescribed for […]

Investigation cannot be stalled on apprehension of contracting COVID-19

November 18, 2020 2358 Views 0 comment Print

The Hon’ble Delhi High Court, in the case of P.V. Rao vs. Senior Intelligence Officer, DGGSTI [W.P.(C.) No. 8975/2020 (dated, November 18, 2020)] denied relief to P.V. Rao (Petitioner) from appearing physically in Delhi to record statement in alleged GST evasion case and held that judicial interference at this threshold stage, in such matters relating […]

Physically record statement in alleged GST evasion case: HC directs Byju’s CFO

November 18, 2020 2304 Views 0 comment Print

The present petition is filed to seek a writ of Mandamus to direct Respondent No. 1, the Senior Intelligence Officer, Director General of GST Intelligence (“DGGSTI”) to allow the Petitioner to tender his statement and adduce evidence through video conferencing, in relation to a summon issued under Section 70 of the CGST Act, 2017.

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