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HC denies bail to Accused in 22 Crore GST ITC Fraud Case

February 14, 2020 1947 Views 0 comment Print

Aditya Gupta Vs. Union of India (Rajasthan High Court, Jaipur Bench) Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in File No. DGGI/JZU/INU/GST/02/18-19 filed by the Directorate General of GST Intelligence, Jaipur Zonal Unit for offences under Sections 132(1), (b), (c), (f), (h), (j) and (k) read […]

Proceedings at SCN stage shall go ahead in accordance with law : HC

February 13, 2020 594 Views 0 comment Print

Global Knitfab Vs State Tax Officer (Gujarat High Court) The writ applicant availed the benefit of the interim order passed by this court and got the vehicle along with the goods released on payment of the tax amount. The proceedings, as on date, are at the stage of show cause notice, under Section 130 of […]

Compute Motor vehicle tax based on purchase invoice value and not on value listed in local website: HC

February 13, 2020 5220 Views 2 comments Print

Motor Vehicle tax as per Kerala Motor Vehicle Taxation Act, 1976  should be calculated only upon the purchase invoice value and not upon the value listed in the local web portal as assessee’s case did not fall in the 2nd proviso of the operative portion of Sec.2(e) of the Kerala Motor Vehicle Taxation Act, 1976.

Gujarat High Court stays recovery of interest on Gross GST Liability

February 13, 2020 6501 Views 0 comment Print

In this case in which GST department has raised Interest Demand on Gross GST without considering the Input Tax Credit, Hon’ble Court has directed the department to not to take any coercive steps for the purpose of recovery of the interest.

Reopening of assessment justified if notice issued in the name of surviving entity only

February 13, 2020 3648 Views 0 comment Print

Reopening of assessment was justified in case of EDPL as there were sufficient ‘reasons to believe’ that income had escaped assessment and the bar to reopening of proceedings after expiry of four years from the date of final assessment order, under the proviso, did not apply in assessee’s case and there was no requirement to issue two separate notices in the name of amalgamated company (i) as successor-in-interest of the amalgamating company and (ii) in its individual capacity as EDIPL had ceased to exist as a separate entity.

ITC cannot be denied on the ground of technical glitches: Gujarat HC

February 12, 2020 2091 Views 0 comment Print

Deendayal Port Trust Vs Union of India (Gujarat High Court) On one hand, when the ACES Portal did not permit the petitioner to file revised return for the second time due to which the claim of ITC to the tune of Rs.99,46,810/­ was not reflected in the last return in Form ST­3 filed by the […]

Additional Court Fees of 1% of Amount involved in dispute leviable before filing of GST Appeal

February 12, 2020 8043 Views 1 comment Print

The issue under consideration is whether additional court fees of 1% of the amount involved in the dispute leviable before filing of the appeals under GST Act is justified in law?

Receipts from leasing of cinema hall with furniture & fixtures, plant & machineries and other amenities, was “business income”

February 12, 2020 2733 Views 0 comment Print

The question before us is, whether the receipts derived from leasing out of the cinema hall, along with furniture & fixtures, plant & machineries and other amenities, was ‘business income’  as contended by the assessee or ‘income from other sources’ as treated by the Department.

IGST refund cannot be denied for clerical error in shipping bills; HC ask dept to look into the issue

February 12, 2020 2022 Views 0 comment Print

उrievance of the writ-applicant is that -authorities are not responding to request with regard to the sanction of refund of IGST paid in connection with the goods exported,

CESTAT cannot carry out independent assessment of tax liability: HC

February 12, 2020 708 Views 0 comment Print

Commissioner, GST And Central Excise Vs BSNL (Guwahati High Court) Section 35C of the Central Excise Act, 1944 confers jurisdiction upon the Appellate Tribunal to pass such orders which are indicated therein, including orders confirming, modifying or annulling the decision or order appealed against. However, Section 35C of the Act of 1944, does not confer […]

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