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Bombay High Court

No interest for period of delay in issuance of form SVLDRS-3 by department

March 5, 2023 1260 Views 0 comment Print

Virtusa Systems (India) Private Limited Vs Union of India & Ors. (Bombay High Court) In this case issuance of form SVLDRS-3 was necessary, and it was not issued to the Petitioner due to the error on the part of the Respondents is an accepted position. The Petitioner therefore is entitled to a direction to the […]

Revocation of GST Registration – Appellate Authority not decided appeal on merits – HC allows filing of Application

March 4, 2023 1290 Views 0 comment Print

Balaji Engineering Works Vs Union of India & Ors. (Bombay High Court) GST Registration Certificate of the Petitioner is cancelled vide order dated 20.01.2021. The appeal filed by the Petitioner is dismissed by the Appellate Authority only on the ground that the Petitioner did not avail the remedy under Section 30 of the CGST Act. […]

HC allows Petitioner to file application for Revocation of GST registration before Authority

March 4, 2023 768 Views 0 comment Print

Appellate Authority while dismissing the appeal has observed that the Petitioner ought to have filed application under section 30 of the Central Goods and Services Tax Act, 2017 for revocation of cancellation of the registration.

Revocation of cancellation of GST registration – HC directs Authority to decide on merits

March 4, 2023 813 Views 0 comment Print

Shri. Datta Kripa Majur Sahakari Sanstha Ltd. Vs Union of India (Bombay High Court) 1. Both Mr. Bapat and Mr. Adik in unison state that the order passed by this court on 2nd May 2022 in Writ Petition No. 5273 of 2022 would squarely apply to the facts and circumstances of this case as well. […]

Revocation of cancellation of GST registration – HC allows Application filing

March 4, 2023 1068 Views 0 comment Print

MSK Electricals Vs Union of India (Bombay High Court) 1 The learned Counsel for the Petitioner submits that the registration of the Petitioner was cancelled under order dated 3rd February 2021. The limitation period for filing the Appeal and Application was extended by the orders of the Supreme Court on 30th September 2021. The appeal […]

Without fresh tangible material reassessment of earlier Assessment is unsustainable

March 4, 2023 1116 Views 0 comment Print

Bombay High Court held that in absence of any fresh tangible material and simply attempting to re-visit and reconsider the decision which was rendered in earlier regular assessment proceedings is nothing but a change of opinion and hence reopening unsustainable.

HC allows filing of Application for Revocation of GST Registration

March 3, 2023 4629 Views 0 comment Print

Mohankar Timber Company Vs Union of India (Bombay High Court) In this case Instead of filing Application for Revocation of GST Registration Certificate, petitioner filed Appeal against the cancellation order which Appellate Authority dismissed as not maintainable. Petitioner challenged order of Appellate Authority by filing Writ Petition before Bombay High Court.HC allowed writ Petition and […]

Due to non-constitution of Appellate Tribunal, due date of filing of an appeal is to be dealt as per Circular No. 132/2/2020-GST

March 2, 2023 6102 Views 0 comment Print

Bombay High Court held that as per Circular No. 132/2/2020-GST dated 18 March 2020 dealing with non-constitution of Appellate Tribunal. It is clarified that the appeal to tribunal can be made within three months (six months in case of appeals by the Government) from the date of communication of order or date on which the President or the State President, as the case may be, of the Appellate Tribunal enters office, whichever is later.

Revenue Department to incorporate measures to reduce litigations arisen due to non-constitution of GST Tribunal

March 2, 2023 2712 Views 0 comment Print

Bombay HC Revenue Department to incorporate measures to reduce inflow of litigations in Court, which has arisen due to non-constitution of GST Tribunal

Reopening on reasoning that another director has disclosed income differently is unsustainable

March 2, 2023 597 Views 0 comment Print

Bombay High Court held that in the present case there is full and true disclosure on the part of the petitioner. Reopening of assessment, on the ground that another director of the same company has disclosed the income differently is evidently a change of opinion and unsustainable in law.

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