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All High Courts

Reassessment without disposing of assessee’s objections by separate order makes jurisdiction of AO ultra-vires in law

October 2, 2019 7911 Views 0 comment Print

Since AO had purported to assume the jurisdiction for reopening of assessment, without having first disposed of assessees objections to the reasons by passing a speaking order, therefore, failure to follow the procedure renders the assumption of jurisdiction by AO ultra vires in law.

Bank A/c attachment & Credit Blocking are Prima Facie without Authority of Law: HC

October 1, 2019 9054 Views 1 comment Print

Order of attachment of  bank account is prima facie without authority of law, as discussed hereinabove, and the order of blocking of credit is not backed by any statutory provision, the respondents are directed to forthwith withdraw the attachment of the bank account of the petitioner with the IDBI Bank, Prahladnagar Branch bearing Current Account No. 1024102000009874 and to unblock the credit of Rs.6,63,51,380/- available in the electronic credit ledger forthwith.

HC rejects Bail application in GST Evasion Case (ITC Fraud)

September 30, 2019 1701 Views 0 comment Print

Himani Munjal Vs Union of India (Rajasthan High Court) Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in Criminal Complaint No. 35/2018 pending before the Court of Chief Metropolitan Magistrate, (Economic Offences) Jaipur Mahanagar, for offences under Sections 132(1)(b),(c)(d),(f),(i) and (1) of Central Goods and Services Tax […]

Mere surplus does not mean that assessee exists for profit

September 27, 2019 2115 Views 0 comment Print

Director of Income Tax (E) Vs Gujarat Cricket Association (Gujarat High Court) Merely because the Association puts up tickets of the international cricket matches for sale and earns some profit out of the same, it would not lose its character of having been established for a charitable purpose. It is also important to note that […]

HC allows petitioner to file TRAN-1 Forms again

September 26, 2019 3099 Views 0 comment Print

Kusum Enterprises Pvt. Ltd. & Sanko Gosei Technology India Pvt. Ltd. Vs Union of India & Ors. (Delhi High Court) GST Department to either open the portal so as to enable the Petitioners to again file the TRAN-1 Forms electronically, failing which the Department will accept the manually filed TRAN-1 Forms on or before 31st […]

HC permits revision of TRAN-1, waives penalty & interest for late filing of GSTR-3B

September 26, 2019 13545 Views 3 comments Print

M/s Blue Bird Pure Pvt. Ltd. Vs Union of India & Ors. (Delhi High Court) In the present case, the Court is satisfied that, although the failure was on the part of the Petitioner to fill up the data concerning its stock in Column 7(d) of Form TRAN-1instead of Column 7(a), the error was inadvertent. […]

Life tax payable on Invoice Value of Vehicle & not on ex Showroom price

September 25, 2019 4677 Views 0 comment Print

State cannot be allowed to levy life tax on the ex-showroom price shown in the price list, when it is not the actual cost of the vehicle and the life tax has to be levied on the actual cost of the vehicle as paid by the purchaser of the vehicle which can be reflected from the invoice.

HC Quashes Non-Speaking Order for Detention of Goods under GST Law

September 24, 2019 2478 Views 0 comment Print

India Logistics And Cargo Movers Vs The State of Gujarat (Gujarat High Court) It was incumbent upon the GST Department to give reasons in support of their conclusion that the goods in question and the conveyance are required to be confiscated. However, the impugned order is totally bereft of any reasons, in the absence of […]

Redress grievances related to functioning of GSTN system: HC to CBIC

September 24, 2019 663 Views 0 comment Print

Petitioner has highlighted several grievances with regard to the functioning of the GSTN system. Some of the issues highlighted relates to the technical and procedural aspects. The respondents must resolve these issues after understanding the difficulties that they are posing to the users.

Address lacunas in scheme formulated for IGST Refund: HC to CBIC

September 24, 2019 639 Views 0 comment Print

The grievance of the petitioners is also that the statutory mechanism created for entertaining IGST refund claims is not being implemented, and that there are some inherent lacunas in the scheme formulated by the Respondents to process the refund claims.

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