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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.

Section 130 GST Act Proceedings Apply not apply to Unaccounted Stock Found During Survey: HC

August 23, 2024 1752 Views 0 comment Print

Allahabad High Court sets aside GST orders against Shree Om Steels, ruling that proceedings under Section 130 of the UPGST Act were improperly initiated.

E-Waybill Downloaded Before Detention Validates Transaction: HC Quashes Seizure & Penalty Order

August 23, 2024 606 Views 0 comment Print

Allahabad High Court quashes GST orders against Havells India Ltd, citing a prior e-way bill download. Judgment follows Mahalaxmi Traders case precedent.

Extended Limitation Period Requires Clear Allegations of wilful misstatement, suppression of facts, fraud, or collusion

August 22, 2024 951 Views 0 comment Print

Calcutta High Court dismisses petition challenging a CGST order. Petitioners directed to seek remedy through the Central Excise and Service Tax Appellate Tribunal.

Extended Limitation cannot be extended if SCN silent about Fraud or Misstatement

August 22, 2024 1344 Views 0 comment Print

The Calcutta High Court ruled on a delayed service tax appeal, dismissing a notice issued against Naresh Kumar & Co., questioning the validity under extended limitation.

DDT cannot be demanded from recipient of interest income: Delhi HC

August 22, 2024 666 Views 0 comment Print

Delhi High Court held that Dividend Distribution Tax (DDT) is liable to be paid by the company which declares, distributes or pays the same. Petitioner, herein, has received interest income from Non-convertible debentures and accordingly cannot be subject to DDT.

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