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GST Liability – Payment In Installments

July 24, 2020 5670 Views 2 comments Print

It is held by the honourable Kerala High Court that the petitioner, who is an assessee under the GST Act, is not disputing his liability to tax, or the quantum thereof, for the period in question. It only seeks an installment facility to pay the admitted tax, together with interest thereon, in view of the financial difficulties faced by it during the Covid pandemic situation, when its business has come to a total standstill.

File section 67(6) Application for provisional release of vehicle: HC

July 24, 2020 1116 Views 0 comment Print

Kiran  Choubey W/O Shri Narendra Choubey Vs State of Gujarat (Gujarat High Court) It appears that final order in Form MOV-11 has been passed. Thus, the truck has been ordered to be confiscated under the provisions of Section 130 of the CGST Act 2017. As a final order of confiscation has been passed and the […]

HC allows Patanjali to deposit profiteered amount in 6 installments

July 24, 2020 1179 Views 0 comment Print

Due to COVID-19 pandemic high court approves that Patanjali can deposits the amount of penalty in question in the consumer welfare fund in six monthly installments.

HC directs GST department to accept bank guarantee & release freeze bank account

July 24, 2020 1725 Views 0 comment Print

Uflix Industries Vs Union of India & Ors. (Delhi High Court) Present writ petition has been filed challenging the attachment orders dated 18th March, 2020 and 10th June, 2020 passed by respondent no. 3 attaching the bank account of the Petitioner on the grounds that they have been issued without jurisdiction as well as authority […]

HC denies relief in section 147 proceedings for not replying notice for 6 Months

July 24, 2020 1335 Views 0 comment Print

he Supreme Court in GKN Driveshafts (India Ltd.) v. Income Tax Officer 259 ITR 19 (SC) has clarified that when a notice under Section 148 of the Income Tax Act is issued, the proper course of action for the notice is to file a return and if he so desire, to seek reasons for issuing notices.

Child Care Leave is a matter of rights of child- Uttarakhand HC

July 24, 2020 10995 Views 0 comment Print

A full bench of Uttarakhand High Court has upheld the rights of a person working on a contractual basis to have the right of getting child care leave as same as any other regular Government employee.  It was agreed that the child care leave is primarily for the benefit and a matter of right of the child, as a child whose mother happens to be employed on a contractual basis with the Government will have similar needs as any other child.

HC allows filing of GST returns without paying entire admitted tax: Allows payment in Installment

July 24, 2020 1815 Views 0 comment Print

Pazhodiyum Food Ventures Vs Supritendent Commercial Taxes (Kerala High Court) The petitioner is a private limited company registered as a service provider under the Goods and Service Tax Act. In the Writ Petition it is the case of the petitioner that while he intends to pay the arrears of tax due for the assessment year […]

No detention when invoices not bearing continuous serial number

July 23, 2020 1752 Views 0 comment Print

Devices Distributors Vs Asst. State Tax Officer (Kerala High Court) The Kerala High Court has set aside the detention of goods in a case where the department had objected that the invoices accompanying the goods did not bear continuous numbers and hence the invoices with serial numbers falling between could have been used for transportation […]

Deficiency in GST refund application cannot be raised at belated stage

July 22, 2020 3258 Views 0 comment Print

Jain International Vs Commissioner of Delhi Goods (Delhi High Court) Admittedly, till date the petitioner‟s refund application dated 4th November, 2019 has not been processed. As neither any acknowledgment in FORM GST RFD-02 has been issued nor any deficiency memo has been issued in RFD-03 within time line of fifteen days, the refund application would […]

Delhi HC grant Refund along with Interest in case of Zero Rated Supply after 15 days

July 22, 2020 3930 Views 0 comment Print

The issue under consideration is whether the non issuance of refund after 7 days from the date of acknowledgment in case of zero rated supply u/s 90 is justified in law?

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