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Non-Receipt of SCN due to Director’s Death & Cessation of Business: HC directs re-adjudication

August 24, 2024 2136 Views 0 comment Print

Delhi HC overturned ₹2.33 crore GST demand due to non-receipt of SCN and inaccessible GST portal after director’s death and business closure.

Granting response time of less than seven days results into breach of principles of natural justice: Bombay HC

August 23, 2024 3465 Views 0 comment Print

This petition under Article 226 of the Constitution of India assails the Assessment Order dated 27 March, 2024 passed by Respondent No.2 under the provisions of Section 144 read with Section 144B of the Income Tax Act, 1961.

Notice initiating fresh assessment set aside as issued beyond prescribed time limit: Delhi HC

August 23, 2024 1899 Views 0 comment Print

Delhi High Court held that department need to comply with the order of the Tribunal in passing a fresh assessment order within the time limit prescribed under section 153(3) of the Income Tax Act. Thus, notices initiating fresh assessment set aside.

No Confiscation Under Sec 130 for Excess Stock Found During Inspection: Allahabad HC

August 23, 2024 2019 Views 0 comment Print

Allahabad High Court ruled that excess stock found during inspection cannot justify confiscation under Section 130 of the GST Act. Case: Vijay Trading Co. vs. Commissioner.

Retrospective GST Cancellation Unjustified: Vague reasoning & Lack of Proposal in SCN

August 23, 2024 633 Views 0 comment Print

Court rules against retrospective GST registration cancellation due to lack of notice and reasoning, emphasizing principles of natural justice.

GST Order traveled beyond SCN: Madras HC Orders Reassessment & 10% Pre-Deposit

August 23, 2024 1038 Views 0 comment Print

Madras HC directs reassessment of GST demand and mandates a 10% pre-deposit. The original order was beyond the scope of the show cause notice.

ITC Denial for Supplier Default; No Natural Justice Violation: HC Advises statutory Remedies

August 23, 2024 2268 Views 0 comment Print

Madras HC upholds reversal of ITC in Vijay Impex case, finds no violation of natural justice despite petitioner’s compliance with Circular No. 183.

Bombay HC quashes GST order for not considering Chartered Accountant’s Letter

August 23, 2024 1158 Views 0 comment Print

The Bombay High Court quashed the 2023 order against Kabir Traders, remanding the case for reconsideration and reversing a debited amount of ₹8,15,489.

Calcutta HC Permits GST Registration Restoration Upon Filing Overdue Returns & Payment of Dues

August 23, 2024 621 Views 0 comment Print

Calcutta HC grants small retailer another chance to restore GST registration, subject to filing overdue returns and paying dues within three weeks.

Excess Stock Should Be Addressed under Sections 73 & 74 GST Act, Not Section 130: Allahabad HC

August 23, 2024 2070 Views 0 comment Print

The Allahabad High Court ruled that excess stock in a GST survey should trigger proceedings under Sections 73 & 74, not confiscation under Section 130.

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