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Guwahati High Court

Latest Posts in Guwahati High Court

Guwahati HC Upholds Industrial Policy Benefits Despite Conflicting Views on Factory Operations

February 14, 2025 39 Views 0 comment Print

Guwahati HC applies promissory estoppel against Assam, upholding industrial policy benefits despite conflicting departmental views on factory operations.

Gauhati HC Grants Stay as GST SCN Lacks Evidence of Wilful Suppression, Misstatement or Fraud

February 10, 2025 453 Views 0 comment Print

Gauhati High Court stays GST notice against Bhagya Kalita, questioning jurisdiction under Section 74(1) of the CGST Act. Case to be heard on 09/12/2024.

Gauhati HC Restores GST Registration Upon Dues Payment

February 9, 2025 258 Views 0 comment Print

Gauhati High Court revokes GST registration cancellation, allowing restoration if statutory dues are paid. Read the full judgment details here.

SCN u/s 73 (1) is mandatory and summary in GST DRC 01 cannot substitute SCN: Gauhati HC

February 8, 2025 177 Views 0 comment Print

In the matter abovementioned HC quashed the impugned order after observing that no proper and prior SCN u/s 73 (1) of AGST was issued along with the Summary of Show Cause Notice in Form GST DRC-01.

Unsigned SCN Invalid Under Section 73 of CGST Act: Gauhati HC

January 29, 2025 708 Views 0 comment Print

Gauhati High Court quashes unsigned SCN and order under Section 73 of CGST Act, emphasizing mandatory signature by Proper Officer for validity of notices and orders.

Arrest in GST tax evasion matter without adequate reason to believe not justified: Bail granted

January 25, 2025 186 Views 0 comment Print

Gauhati High Court held that arrest of accused involved in evasion of GST by falsely claiming ITC during investigation without any reason to believe that accused will abscond or disobey summons not justified. Accordingly, accused released on interim bail.

Shift from Bogus Purchases to Bogus Sales Violates Principles of Natural Justice: Guwahati HC

January 23, 2025 1227 Views 0 comment Print

Guwahati HC examines violations in Section 148A orders for income tax assessments, directing re-evaluation due to procedural lapses.

GST Notification Ratification cannot substitute recommendation: Gauhati HC

January 10, 2025 396 Views 0 comment Print

Gauhati HC quashes GST Notification No. 56/2023, clarifying that ratification cannot substitute prior recommendation as mandated under Section 168A of the CGST Act.

Gauhati HC Invalidates AGST Orders Issued Without Proper SCN

January 3, 2025 720 Views 0 comment Print

Gauhati High Court rules orders under AGST Act Section 73(9) invalid due to lack of a proper show cause notice, emphasizing compliance with legal procedures.

Discharge of burden u/s. 68 involves question of fact and not substantial question of law

December 25, 2024 510 Views 0 comment Print

Gauhati High Court held that discharge of burden by assessee under section 68 of the Income Tax Act i.e. identity, creditworthiness and genuineness of transaction is question of fact and not substantial question of law. Accordingly, appeal is not maintainable.

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