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Provisional attachment order passed by mechanical exercise of power is not sustainable

October 1, 2020 561 Views 0 comment Print

Explore the legal implications of provisional property attachment in GST inquiry. Gujarat High Court decision on GST DRC-22 order. Expert analysis by Mr. Avinash Podar.

Section 83 powers cannot be exercised without forming an opinion based on relevant material

October 1, 2020 945 Views 0 comment Print

Meenakshi Trendz through Its Partner Ratan Kumar Saraf Vs State of Gujarat (Gujarat High Court) Section 83 talks about the opinion which is necessary to be formed for the purpose of protecting the interest of the government revenue. Any opinion of the authority to be formed is not subject to objective test. The language leaves […]

GST- Section 83- HC Quashes Provisional Attachment of immovable property

October 1, 2020 2469 Views 0 comment Print

Khushi Sarees Vs State of Gujarat (Gujarat High Court) Section 83 talks about the opinion which is necessary to be formed for the purpose of protecting the interest of the government revenue. Any opinion of the authority to be formed is not subject to objective test. The language leaves no room for the relevance of an official examination as […]

HC Grants Bail to Corruption accused considering Lack of direct evidence

September 30, 2020 1638 Views 0 comment Print

The issue under consideration is appellant seeks suspension of sentence awarded by Trial Court for 4 years for the offence punishable under Section 9 of Prevention of Corruption Act, 1988.

GST: Interest & penalty – After opting Section 74 there cannot be variance to suit convenience of Assessee

September 30, 2020 3630 Views 0 comment Print

Muhammed Kochukudiyil Ishabeevi Alias Isha Shaefi Proprietress Nadiya Timbers Vs State Tax Officer (Intelligence) (Kerala High Court) Contention of the petitioner that she should be exempted from the requirement of paying interest and penalty while availing the option of payment of tax for the purposes of avoiding the show cause notice cannot be accepted. The […]

Financial difficulties cannot be a ground for non/delayed payment of wages

September 29, 2020 3687 Views 0 comment Print

Hind Kamgar Sanghatana  Vs. State of Maharashtra (Bombay High Court) Payment of due wages to a workman is a statutory right under section 5 of the Payment of Wages Act &  is a fundamental right of a worker under Article 21 of the Constitution. Financial difficulties of employer cannot be a ground for non-payment or […]

No section 50 interest on GST payment made through input tax credit

September 29, 2020 18810 Views 0 comment Print

Maansarovar Motors Private Ltd. Vs Assistant Commissioner (Madras High Court) Conclusion: Every person who is liable to pay tax in terms of the Act shall remit the tax either in cash or by way of adjustment of credit available in the Input Tax Credit (ITC) register. Where delay is made in remitting the tax, no […]

GST implementation being a “change in law” qualify as a force majeure event

September 29, 2020 11658 Views 0 comment Print

The Hon’ble Delhi High Court in National Highways Authority of India v. Sahakar Global Ltd. [O.M.P. (COMM) No. 486 of 2020 decided on September 29, 2020], dismissed the petition and refused to interfere with the arbitral award passed by the Arbitrator to pay the compensation for loss generated in revenue triggered by the reduced toll […]

Best Judgment Assessment cannot be Set Aside by Filing Return beyond specified Time Period

September 29, 2020 1764 Views 1 comment Print

The issue under consideration is whether the best judgement assessment can be set aside by filing revised return beyond specified time period?

GST registration cancellation order based on Vague SCN not sustainable

September 28, 2020 2301 Views 0 comment Print

Mahadev Trading Company Vs Union of India (Gujarat High Court) Perusal of the show cause notice indicates that to such show cause notice no response can be given by any assessee. The show cause notice is as vague as possible and does not refer to any particular facts much less point out so as to […]

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