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Jharkhand High Court

Revenue appeal dismissed as tax effect is below prescribed monetary limit

March 10, 2023 3081 Views 0 comment Print

PCIT Vs Urmila RCP Projects Pvt. Ltd. (Jharkhand High Court) Jharkhand High Court dismissed the tax appeal filed by the revenue on the question of maintainability as the tax effect involved in the matter is much below the monetary limit as enumerated in Circular No. 3/2018, Dated: 11/07/2018 read with Circular No. 17 of 2019. […]

Limitation period in case of GST Refund rejection – Rule 89(1A)

March 10, 2023 6309 Views 0 comment Print

Gajraj Vahan Private Limited Vs State of Jharkhand (Jharkhand High Court) As per the amended Rule 89 (1A) of CGST Rules, 2017 and Circular dated 25.09.2021, the limitation period for seeking refund would be two years from the date of the instant notification i.e. 24.09.2021. However, in the face of rejection order, petitioner cannot make […]

Unadjusted TDS amount under JVAT Act is duly available under JGST Act

March 6, 2023 933 Views 0 comment Print

Jharkhand High Court held that denying migration of unadjusted TDS amount under JVAT Act (Jharkhand Value Added Tax Act) to JGST (Jharkhand Goods and Services Tax Act, 2017) is not sustainable in the eye of law.

Appeal dismissed for non-payment of mandatory pre-deposit – HC restores appeal subject to payment of deposit

March 6, 2023 1833 Views 0 comment Print

Jharkhand HC remands case as unregistered dealer, Amar Ent., intends to make mandatory pre-deposit. Appeal to be heard on merits post-deposit.

Miscellaneous application u/s 254(2) is valid if filed within Four Years of date of actual receipt of judgment

March 6, 2023 8229 Views 0 comment Print

Once it is found that rectification application u/s 254(2) of I. T. Act, 1961 has been submitted within a period of four years from the date of actual receipt of judgment and order passed by tribunal, which is sought to be reviewed, petitioner is entitled to relief.

HC allows Payment of Pre-Deposit as Assessee was Unaware of Mandatory Payment provision for appeal filing

March 6, 2023 4323 Views 0 comment Print

Mukesh Kumar Singh Vs Commissioner (Appeals) CGST & C. Ex (Jharkhand High Court) Admittedly, petitioner is an unregistered dealer. His appeal has been dismissed on the ground of non-payment of mandatory pre-deposit. It does not appear that there was intent on the part of the petitioner to avoid payment of pre-deposit @7.5% as provided under […]

SCN for demand without jurisdiction as appellate authority ruled in favour of appellant & dept not appealed further

March 5, 2023 1566 Views 0 comment Print

Ambey Mining challenges jurisdiction of two GST notices for the same period already adjudicated. High Court stay granted.

JVAT: No Section 40(2) Penalty in absence of deliberate act to file incorrect returns

March 4, 2023 1014 Views 0 comment Print

Jharkhand High Court held that as there is no act to deliberately file incorrect returns, hence penalty under section 40(2) of the Jharkhand Value Added Tax Act, 2005.

When search is initiated, penalty is leviable u/s 271AAB and not under 271(1)(c)

March 3, 2023 1914 Views 0 comment Print

Jharkhand High Court held that when search is initiated, penalty is leviable under section 271AAB of the Income Tax Act. Accordingly, initiation of penalty proceedings u/s 271(1)(c) post initiation of search is unsustainable.

Revenue department cannot go beyond scope of SCN to create new ground at adjudication stage

February 23, 2023 5883 Views 0 comment Print

Order passed without providing opportunity of personal hearing to assessee. Hence, violative of principles of natural justice. Held that, SCN was vague & cryptic in nature and orders passed were beyond scope of SCN.

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