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Guwahati High Court

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

October 30, 2024 1305 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 699 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 153 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 315 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 201 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 492 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 1449 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 669 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.

GST Notification No. 56/2023-CT Ultra Vires & Unsustainable: Gauhati HC

September 23, 2024 8043 Views 0 comment Print

Gauhati High Court addresses challenges to GST notifications, questioning their legality under the CGST and SGST Acts in Barkataki Print case.

Gauhati High Court Quashes GST Order Passed Beyond Limitation

September 23, 2024 2382 Views 0 comment Print

Gauhati High Court quashed a GST order issued after statutory limitation period under Section 73(10) of GST Act, deeming it without jurisdiction.

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