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Guwahati High Court

CBDT notifications not empowers department to put into oblivion section 148A provisions

December 12, 2021 2616 Views 0 comment Print

JSVM Plywood Industries Ltd Vs Union of India (Gauhati High Court) Prima facie opinion of the Court, for the purpose of interim order, is that by virtue of notifications dated 27.02.2021 and 31.03.2021 issued by the Central Board of Direct Taxes, as referred herein before, though extends the period of limitation in respect of issuance […]

Pass Reasoned order against accused taxpayer involved in passing on fake ITC: HC

November 17, 2021 1275 Views 0 comment Print

HC held that in a case where assessee is accused of passing on fake Input Tax Credit (ITC) without actual moment of goods, a reasoned order must be passed by Joint Commissioner of State Tax, after acknowledging all the relevant material and contentions that the assessee may produce to satisfy the authorities.

Oral hearing is important ingredient of justice delivery system: HC

October 24, 2021 3756 Views 0 comment Print

Md. Abul Kalam Vs Union of India (Gauhati High Court) It is trite, though of great significance that if any oral argument is advanced, only the Judge who had heard can appreciate the nuances of the case, the evidence adduced, based on oral arguments submitted by the parties or through the counsel. Naturally if hearing […]

Order passed following SC decision not become erroneous if Larger SC bench held SC decision per incurium

October 9, 2021 2517 Views 0 comment Print

Union of India and 4 Ors. Vs Keshari Industries (Gauhati High Court) Order passed following the Supreme Court decision cannot be termed as erroneous simply because subsequently the said decision of the Supreme Court is held to be per incurium by a larger bench FULL TEXT OF THE JUDGMENT/ORDER OF GAUHATI HIGH COURT All these […]

Gauhati HC Directs GST Commissioner to accept application for fixation of a special rate submitted after 30th September

October 3, 2021 381 Views 0 comment Print

Ahinsha Chemicals Ltd Vs Union of India (Gauhati High Court) In the instant case, it is the case of the petitioner that the requirement of requesting for fixation of a special rate in respect of the value addition to the manufactured goods had arisen only after the final judgment of the Supreme Court on 22.04.2020, […]

Bail granted to person allegedly Selling Coal without issuing GST Invoices

October 3, 2021 1488 Views 0 comment Print

Vikas Bansal Vs UOI (Gauhati High Court) It is found that in his statement, recorded under Section 70 of the CGST Act, the petitioner has subscribed to the statement of aforesaid Amit Kumar made before the Senior Intelligence Officer of the CGST. It has also come out from his statement that whatever coal he had […]

Supply of goods without issue of Invoice- HC grant Bail to GST evasion accused

September 26, 2021 936 Views 0 comment Print

Petitioner is found to have deliberately supplied goods without issuing invoices in violation of the provisions of AGST Act with intention to evade Tax during the period of 2019 to 2021.

Challenge By Tax Bar Association to New Income Tax Portal System

September 20, 2021 37398 Views 29 comments Print

The writ petition filed by the tax Bar Association before the Gauhati High Court seeking a direction from the respondent authorities to restore the old income tax portal immediately due to non functioning to the new income tax portal system (Income Tax Portal 2.0) inasmuch as the genuine tax payer who are interested in paying due taxes and submit the returns are not being able to pay the taxes and submit returns and other forms.

Gauhati HC ruling on refund of accumulated ITC in case of inverted duty

September 11, 2021 5934 Views 0 comment Print

BMG Informatics Pvt Ltd Vs Union of India (Gauhati High Court) In an important decision given by Justice A.M Bujor Barua of the Gauhati High Court in the case of W.P (C) 3880/2021 3878/2021 3675/2021 4120/2021 (BMG Informatics Pvt. Ltd. vs. Union of India) the Court as held that the circular no. CBEC-20/01/06/2019-GST dated 31.03.2020 […]

Gauhati High Court scraps bail to Tax Consultant for unjustly availing ITC

September 6, 2021 2043 Views 0 comment Print

The Petitioner was alleged of unjustly availing Input Tax Credit (ITC) on fake invoices and E-way bills alongside Mr. Amit Kumar (Co-accused). While seeking bail, the Petitioner contended that he has been in custody for a month, as on date, with effect from July 19, 2021 and therefore, his further custodial detention is absolutely not necessary in the interest of investigation of the case.

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