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GST- Wrong availment of input tax credit – HC Denies Bail

December 6, 2019 13329 Views 1 comment Print

Bharat Raj Punj Vs Central Goods And Service Tax Commissionerate (Rajasthan High Court) HC held that Looking to the over all facts and circumstances of the case, gravity of the offence specially the fact that there are serious allegations against the petitioner of wrong availment of input tax credit of more than Rs. 40.53 Crores […]

Tribunal is duty bound to consider application seeking leave to produce additional evidence at appellate stage

December 6, 2019 1317 Views 0 comment Print

Braganza Construction (P.) Ltd. Vs ACIT (Bombay High Court) The issue under consideration is that Whether on the facts and in the circumstances of the case the ITAT was justified in holding that the said amount of Rs.80 lakhs is deemed to be unexplained expenditure under proviso, to section 69C, of the IT Act, without […]

State Legislature cannot amend KVAT Act after CAA 2016

December 6, 2019 1836 Views 0 comment Print

Baiju A. A. Vs State Tax Officer (Kerala High Court) (i)  the assessments in respect of which the period of limitation for re-opening under Section 25 of the KVAT Act was to expire by 31.03.2017 can be re-opened up to 31.03.2018 by virtue of the amendment to the third proviso to Section 25 (1) vide […]

SCN must be issue before Recovery under GST except in fraud cases: HC

December 5, 2019 2475 Views 0 comment Print

Godavari Commodities Ltd. Vs  Union of India (Jharkhand High Court) In the present case, though it is submitted by learned counsel for CGST that since the tax was paid, Section 73 (1) of the Act shall not be attracted in the case of the petitioner, but the fact remains that the tax was not paid […]

Short credit of transition ITC cannot be denied for clerical Error in TRAN-1

December 5, 2019 2472 Views 0 comment Print

Paharpur Cooling Towers Ltd. Vs Union of India & Ors. (Calcutta High Court) In the present case learned advocate appears on behalf of petitioner and submits, in transition to GST regime there was clerical error made by his client assessee, resulting in claim of short credit on transition. Since it is by result of clerical […]

Arbitrary and illegal detention under GST not to be resorted to: HC

December 4, 2019 2076 Views 0 comment Print

Alfa Group Vs. The Assistant State Tax Officer (Kerala High Court) There is no provision under the GST Act which mandates that the goods shall not be sold at prices below the MRP declared thereon. Further, there is nothing in Ext.P2 order that shows that, on account of the alleged wrong classification of the goods […]

HC explains provision of Exemption from provisions of Section 194A to Co-operative Societies

December 3, 2019 4308 Views 0 comment Print

High Court held that in the case of deposits made by the petitioner societies with the Co-operative Banks, they would be entitled to the benefit of exemption under Section 194A(3)(iii)(v) of the Income Tax Act and, in respect of the deposits made by the petitioner societies with the Treasury, they will not be entitled to the benefit of exemption under Section taxguru.in 194A(3)(iii)(a) of the Income Tax Act.

SCN Mandatory before levying interest on delayed payment of GST: HC

December 3, 2019 4638 Views 0 comment Print

Godavari Commodities Ltd. Vs Union of India (Jharkhand High Court) In the present case, though it is submitted by learned counsel for CGST that since the tax was paid, Section 73 (1) of the Act shall not be attracted in the case of the petitioner, but the fact remains that the tax was not paid […]

Presence of lawyers cannot be allowed during examination by GST officers

December 3, 2019 7260 Views 0 comment Print

Sudhir Kumar Aggarwal Vs Directorate General of GST Intelligence (Delhi High Court) Delhi High Court has held that presence of lawyer cannot be allowed at the time of questioning or examination of a person by the officers under the GST provisions. The Court observed that officers under GST law are not police officers and have […]

Mistake by CA in filing Form 240 not attracts Section 69[1] of VAT Act: Karnataka HC

December 3, 2019 4335 Views 2 comments Print

In a recent case of M/s. Fresh and Honest Cafe LTD. V. The Deputy Commissioner [Ct] and Anr. (Karnataka High Court) , a ruling was stated by Justice S. Sujatha (Karnataka High Court) that stats that any mistake said to have been committed by a learned CA in filing VAT Form 240 will not be seen as an intentional mistake and further not levy section 69(1) as court rule by Karnataka high court.

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