The High Court held that GST on ocean freight under FOB contracts cannot be levied separately when the transaction has already suffered tax. The ruling extends the anti-double taxation principle beyond CIF contracts.
The Calcutta High Court dismissed a money recovery suit after finding that the lender failed to produce a valid licence under the Bengal Money Lenders Act, 1940. The Court held that Section 13 bars courts from granting decrees in favour of unlicensed money lenders.
High Court held that use of the word ‘shall’ in Section 129(3) does not by itself create mandatory consequences. Court emphasized that legislative intent, object, and consequences of non-compliance must be examined.
The Karnataka High Court held that once confiscation orders are passed under Section 130 of the CGST/KGST Act, the release mechanism under Section 129 no longer applies. The Court dismissed appeals seeking modification of interim release conditions for detained goods and vehicles.
The Delhi High Court set aside an assessment order after finding that the Assessing Officer failed to consider the assessee’s reply filed on the same date as the order. The Court held that this violated principles of natural justice.
The Court disposed of the petition after finding that assessment proceedings against legal representatives require mandatory compliance with Section 75. It reiterated that absence of personal hearing vitiates orders passed against heirs of a deceased assessee.
The High Court ruled that GST revocation applications may be filed manually if online filing difficulties arise. The authority was directed to consider the revocation request after receipt of tax payments.
The Gauhati High Court held that cancellation of GST registration without assigning specific reasons in the statutory form is legally unsustainable. The Court ruled that non-speaking orders violate principles of natural justice and statutory requirements.
The Madras High Court ruled that an unregistered Joint Venture Agreement without actual transfer of possession or consideration could not amount to a transfer under Section 2(47). The Court held that no capital gains tax liability arose for the relevant assessment year.
The Court granted interim protection against coercive recovery proceedings after the petitioner argued that the revisional order was passed beyond the three-year statutory limitation period under the CGST Act.
