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All High Courts

Detention of goods with vehicle despite no discrepancy in documents & good

February 26, 2020 861 Views 0 comment Print

 It was submitted that in the absence of any discrepancy in the documents and the goods, it is not permissible for the respondents to confiscate either the vehicle or the goods.

No IGST liability on ocean freight and hence collected IGST will be refunded

February 26, 2020 3078 Views 0 comment Print

Gokul Agro Resources Ltd. Vs Union of India (Gujarat High Court) In the given case the HC have reached to the conclusion that no tax is leviable under the Integrated Goods and Services Tax Act, 2017, on the ocean freight for the services provided by a person located in a non-taxable territory by way of […]

AP HC stays recovery of Section 50 Interest on ITC under GST

February 26, 2020 16746 Views 0 comment Print

Considering facts that as per Section 50 of the Central Goods and Services Act, 2017, interest is payable on the delayed payment of tax and that as per the interest statement filed along with the impugned letter, dated 07.02.2020, there was delay in filing GSTR-3B and hence, interest on ‘cash set off’ and ‘ITC set off’ has been calculated and payment thereof has been asked for, recovery of interest against the petitioner, insofar it relates to `I.T.C. set off, shall remain stayed.

Consider application for refund of ITC on merits: HC to TN VAT Authorities

February 26, 2020 576 Views 0 comment Print

Myres Tyre Supply (India) Limited Vs Assistant Commissioner (ST) (Madras High Court) In addition to writ with High Court appellant had also moved an application for refund of the Input Tax Credit (ITC) claimed under the TNVAT Act and this application was without prejudice to their rights under section 140(3) of the TNGST Act. The […]

GST: HC allows release of goods on Payment of 25% of disputed tax & penalty

February 25, 2020 651 Views 0 comment Print

Chandimata Iron Vs State of Tripura (Tripura High Court) Since the order under challenge in this petition is appealable, we permit the petitioner to pursue such appeal for which, we are informed limitation period has yet not expired. However, considering the facts of the case, the goods of the petitioner which are in the nature […]

In case of dual views, view adopted by A.O. is valid & cannot be called erroneous

February 25, 2020 1941 Views 0 comment Print

The issue under consideration is that, when two views are possible and A.O. adopt one of the view and passed his order accordingly. But that view is not acceptable by PCIT, in such case can PCIT adopt its one of the other views and call the order of A.O. the erroneous?

Proceeding against issue of Fake Invoice to illegally avail ITC not hit by Limitation under Section 6(2)(1)(b) of CGST Act 2017

February 25, 2020 4737 Views 0 comment Print

This Court does not find any substance in the arguments of the petitioner, when they say that the investigation and the proceedings now initiated is one, which hit by Section 6(2)(1)(b) of the CGST Act of 2017. What has also to be appreciated is the fact that there is a clear distinction between a proceeding drawn for the demand of tax evaded by the petitioner-establishment and the investigation be conducted by the Department of the DG, GST Intelligence Wings in respect of an offence committed by an establishment by way of using bogus and fake invoices and illegally availing ITCs, which the petitioner-establishment otherwise was ineligible.

HC grants Bail to Practicing Advocate allegedly involved in Fake GST Invoice Scam

February 25, 2020 1986 Views 0 comment Print

It appears that petitioner Satnarain had rendered his professional services and assistance for the purpose of incorporation of the firms. At this stage, it cannot be said that he had joined hands with Rajesh Mittal or was beneficiary of any amount other than his professinal fee.

GST Order passed without considering the ground raised is invalid

February 25, 2020 1362 Views 0 comment Print

Lakhan Singh Chauhan and Company Vs Union of India and others (Madhya Pradesh HC) In the impugned order, there is no consideration to the grounds mentioned in the memo of appeal regarding non-communication of the order to the petitioner and start of period of limitation from the date of communication or knowledge of the order. […]

GST: HC denies bail in view of enormity of scam & colossal loss caused to State exchequer

February 25, 2020 390 Views 0 comment Print

Rajesh and another Vs State of Haryana (Punjab and Haryana High Court) The FIR in question was lodged at the instance of ASI Vinod Kumar wherein it has been alleged that on 4.6.2019 when he along with other police officials was present near grain market bridge for the purpose of patrolling, then a secret information […]

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