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Guwahati High Court

HC Directs State GST to Reconsider Order on ITC Rejection & stays Coercive Action

November 13, 2024 606 Views 0 comment Print

Gauhati High Court directs authorities to consider input tax credit in GST case, with a provision under the Finance Act, 2024, and bars coercive actions.

Input tax credit eligible under section 16(5) and 16(6) of CGST Act: Gauhati HC

November 11, 2024 2364 Views 0 comment Print

Gauhati High Court held that petitioner is entitled to claim input tax credit subject to conditions prescribed to newly inserted section 16(5) and section 16(6) of the CGST Act, 2017 which are inserted vide Finance (No.2) Act, 2024.

Gauhati HC Sets Aside Section 16(4) GSt Demand Orders Due to Section 16(5) Insertion Effective 01/07/2017

October 30, 2024 1746 Views 0 comment Print

Gauhati High Court addressed the implications of GST return deadlines and extensions in Maina Devi Choraria Vs Union of India.

Order Under Section 73(9) of AGST Act Invalid Due to Lack of Valid SCN

October 30, 2024 1494 Views 0 comment Print

Gauhati HC quashes AGST order under Section 73 for lack of a valid Show Cause Notice, emphasizing due process and compliance with procedural norms under GST laws.

Tender process for construction of Assam Type Sub-Centre Building not in accordance with law: Guwahati HC

October 15, 2024 351 Views 0 comment Print

Guwahati High Court held that tender process for construction of Assam Type Sub-Centre Building under Animal Husbandry & Veterinary Department work is not allocated in accordance with law and accordingly, directed to allocate balance of works to eligible bidders.

Payment of Section 129(3) demand does not restrict right to appeal: Gauhati HC

October 14, 2024 732 Views 0 comment Print

Gauhati High Court rules that payment of demand under Section 129(3) does not restrict the right to appeal. Court addresses portal issues affecting appeal filing.

Assam VAT: Gauhati High Court Allows Fresh Hearing Upon Pre-Deposit

October 14, 2024 459 Views 0 comment Print

Gauhati High Court grants fresh hearing in tax appeal after statutory 25% pre-deposit was made. Court emphasized equitable principles for genuine hardship cases.

Order passed is violative of natural justice since notice was issued to incorrect address: Gauhati HC

October 7, 2024 834 Views 0 comment Print

Gauhati High Court set aside the order as passed without affording due opportunity and against the principles of natural justice since the notice under CGST Act, 2017 was issued to incorrect address.

Summary of show cause notice cannot substitute requirement of notice u/s. 73: Gauhati HC

October 5, 2024 2022 Views 0 comment Print

Gauhati High Court held that the Summary of the Show Cause Notice along with the attachment containing the determination of tax cannot be said to be a valid initiation of proceedings under Section 73 without issuance of a proper Show Cause Notice.

Explanation to section 14A inserted vide Finance Act, 2022 has prospective effect: Gauhati HC

October 2, 2024 1284 Views 0 comment Print

Gauhati High Court held that Explanation inserted to section 14A vide the Finance Act, 2022 is applicable prospectively and order holding that the said insertion is clarificatory and hence retrospective in nature is erroneous.

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