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All High Courts

File tax appeals before the bench allotted to district where dispute arose

October 19, 2018 519 Views 0 comment Print

Dixons Cargo Consolidators Pvt. Ltd. Vs Commissioner Of Customs (High Court Bombay) The impugned orders passed by the Tribunal in excise appeals before us relate to and arise out of disputes relating to manufacture of excisable goods which have taken place at Nagpur. Therefore, the Excise Appeal Nos. 28 of 2017 and 105 of 2017 before […]

Complete sealing of Premises under GST Act is illegal: HC

October 18, 2018 5541 Views 0 comment Print

M/s. Napin Impex Pvt. Ltd. Vs Commissioner of DGST Delhi (Delhi High Court) The petitioner alleges that its premises were visited by the Revenue authorities on 29.08.2018 when the DGST officials directed production of books of accounts and other documents. Since the petitioner was not in possession of those, it sought 24 hours time for […]

Submit details of GST Refund Claimed/Processed/ Paid/ Pending: HC

October 18, 2018 858 Views 0 comment Print

Delhi High Court has asked Central Government to file details of (i) GST Refund applications filed and claimed (ii) refund applications pending with amount claimed (iii) refunds which have been issued and (iv) refunds paid by the Central Government and the State Government and (v) steps taken to remove the alleged grievances.

Gujarat High Court stays Service Tax Audit under Rule 5A by CAG

October 18, 2018 8358 Views 1 comment Print

Gujarat High Court granted stay on conducting audit of records of taxpayers under 5A of Service Tax Rules, 1994, by Officers of C&AG who were sending communications through CGST officers.

HC dismisses petition challenging Jurisdiction to recover Service Tax demand

October 17, 2018 4920 Views 0 comment Print

Laxmi Narayan Sahu Vs Union of India & Others  (Gauhati Cigh Court) Issue Raised Before High Court In all the writ petitions, the demand-cum- show cause notices of various dates issued by the Assistant Commissioner, Central Goods and Service Tax of the district of Dibrugarh and Guwahati respectively are assailed. The said demand-cum-show cause notices are […]

Delhi HC allows manual GSTR-3B filing to enable Transitional credit claim

October 17, 2018 1608 Views 0 comment Print

Indusind Media Communications Ltd. & Anr Vs Union Of India & Ors. (Delhi High Court) The GSTR-3B form – in the relevant table dealing with eligible ITC, talks of total ITC available; ITC reversed and the net ITC available. As the deadline for completing this form and availing the credit is 20.10.2018, the respondents are […]

Delayed GST Refund attracts Interest: Gujarat HC issues notice to Centre, CBIC and GSTN

October 17, 2018 9471 Views 3 comments Print

While admitting a petition seeking interest / compensation for delay in both provisional as well as final refund of GST beyond stipulated period, the Gujarat High Court has issued notices to Centre, CBIC and GSTN.

Goods cannot be treated as Smuggled for mere non-maintenance of books

October 16, 2018 4587 Views 0 comment Print

UOI Vs Imtiaz Iqbal Pothiwala (Bombay High Court) We are of the view that in the absence of evidence in the form of regular Books of Account, Registration under the Income Tax and Sales Tax, etc., cannot ispo­facto lead to the conclusion that the seized gold bars, are smuggled gold bars. These may lead to proceedings for […]

GST: Detention Process cannot be resorted if dispute is bona-fide

October 16, 2018 2016 Views 0 comment Print

The HC held that if the records he seizes truly reflect the transaction and the assessee’s explanation accords with his past conduct, for example, the returns he has filed earlier, the detention is not the answer.

HC declines to direct CBIC to allow rectification of GST–Tran1 already filed

October 15, 2018 1662 Views 0 comment Print

Jay Chemical Industries Limited Vs Union Of India (Gujarat High Court) While the entire tax structure within the country was thus being replaced by a new framework, it was necessary for the legislature to make transitional provisions. Section 140 of the CGST Act, which is a transitional provision, essentially preserves all taxes paid or suffered by a […]

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