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Madras High Court

GST Section 129 provides for issue of notice/hearing before order is made

December 30, 2022 801 Views 0 comment Print

Section 129 provides for issue of notice / hearing before order is made. This Court is informed that notice has been issued on 04.12.2022. The order has to be made within 7 days but owing to the captioned writ petition being filed on 09.12.2022, making of the order has been put on hold is learned Revenue counsel’s say.

When limitation elapses right is not extinguished but remedy is barred

December 30, 2022 1860 Views 0 comment Print

Golcha Garments Vs Joint Commissioner of GST & Central Excise (Appeals) (Madras High Court) Hon’ble Supreme Court has made it clear that what was extended by order of Hon’ble Supreme Court qua Covid-19 period was only the period of limitation and not the period upto which the delay can be condoned in exercise of discretion […]

No scope of tax evasion merely on account of expiry of e-way bill

December 27, 2022 4176 Views 0 comment Print

Madras High Court held that the expiry of e-way bill doesn’t create any scope of tax evasion Accordingly there can be no revenue loss in absence of tax evasion Only penalty up to INR 5000 can be levied.

Withdrawal request in writ of declaration allowed

December 26, 2022 1875 Views 0 comment Print

Madras High Court has allowed withdrawal request of the petitioner in the Writ of Declaration filed in order to declare the demand order issued against the petitioner quashed in view of the resolution plan

Violation of natural justice is not fatal in all situations: Bombay HC

December 20, 2022 1572 Views 0 comment Print

HC held that violation of natural justice is not fatal in all situations and a wholistic view should be taken of the issue, such that the interests of all parties are properly balanced.

Order cancelling GST registration without referring to reason for non-filing GSTR-3B return is not a speaking order

December 14, 2022 1887 Views 0 comment Print

Madras High Court held that the Appellate Authority should have gone into the reasons adduced by the writ petitioner for non-filing of GSTR-3B return. In absence of the same, the impugned order cancelling GST registration set aside and matter remanded back to Appellate Authority for examination.

Writ dismissed as circular issued by District Central Cooperative Banks merely informed adhering to the provisions of section 194N

December 14, 2022 1074 Views 0 comment Print

Madras High Court dismissed the writ petition challenging the circular issued by District Central Cooperative Banks as the circular merely sought to bring to the notice of the petitioner societies the statutory provisions in regard to the deduction of tax, enjoining that they adhere to and comply with the same.

Self-assessment of tax liability during Audit before June 30, 2019 can be considerd as Quantification’ under SVLDR Scheme, 2019

December 13, 2022 804 Views 0 comment Print

HC held that benefit under SVLDR Scheme could not be denied on the ground that the quantification required to be done under SVLDR Scheme is actually self-assessment done during duration of Audit.

Provisional attachment under GST cease to have effect after a period of one year from date of order of attachment

December 12, 2022 621 Views 0 comment Print

The attachment as per Section 83(2) shall cease to have effect after a period of one year from date of order of attachment. Thus, pending writ petition, the impugned order has ceased to have effect, as on 15.09.2020.

Bribery Case: Punishment of dismissal from service of Commercial Tax Officer disproportionate

December 9, 2022 1203 Views 0 comment Print

Madras High Court in the case of dismissal of Commercial Tax Officer from the service due to collection of bribe as Diwali Mamool from the traders held that punishment of dismissal from service is disproportionate to the nature of charge.

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