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Madras High Court

GST ITC Rejection through a non speaking order is bad in law

September 4, 2020 4185 Views 0 comment Print

In the present case, the petitioner had made an application for refund under Section 54 of the Act and when the respondent had issued notice to them for rejection of the ineligible goods and services of SGST, CGST and IGST, they have given a detailed reply, objecting to the All these objections were required to be dealt with by the authority, before taking a final call, which is conspicuously absent.

HC set aside Order passed on the basis of a report which was not provided to Appellant

September 3, 2020 1542 Views 0 comment Print

whether non furnishing of scrutiny report to the assessee and then passing an adverse order based on the said scrutiny report is justified in law?

Joint DGFT cannot review his own orders: HC

September 2, 2020 1896 Views 0 comment Print

Simplex Infrastructures Ltd. Vs. Union of India (Madras High Court) Joint DGFT has no powers to review his own orders in view of Section 16 of the FTDR Act. There can be no review of an earlier refund except in accordance with the provision of Section 16 of the FTDR Act, which only permits the […]

Reversal of ITC Merely by Adopting Uniform or Ad-hoc Percentage is unsustainable

September 2, 2020 8457 Views 1 comment Print

The present Writ Petitions relate to restriction of the amount of Input Tax Credit (ITC) predominantly on the head of (a) Prior sufferance of Taxes; (b) ITC on reversal on wastage; and (c) Ineligible claim of ITC on goods.

Refund of ACD on Import cannot be Rejected Merely for Missing Model Number in Sale Invoice

September 1, 2020 999 Views 0 comment Print

The issue under consideration is whether the rejection of refund of additional custom duty merely because the model number is missing in sale invoice is justified in law?

Custom Notification Increasing Duty on Peas applicable on Retrospective Basis

August 31, 2020 717 Views 0 comment Print

The issue under consideration is whether the custom notification for increasing the duty on peas will be levied on retrospective basis or prospective basis?

HC Quashes Notification Increasing Tax Rate on Petrol & Diesel in Puducherry

August 27, 2020 759 Views 1 comment Print

the petitioner seek quashing of notification for increasing the rate of tax payable in respect of Petrol and Diesel and fixing the same at 28% and 21.8% respectively.

HC Allows Provisional Release of Seized Goods after Collection of Customs Duty

August 25, 2020 3603 Views 0 comment Print

the petitioner is seeking provisional released for the goods seized by the customs officer due to mis-declaration of the cargo in order to circumvent the import restriction imposed by the extant Foreign Trade Policy.

Order passed without granting Personal Hearing violates principles of natural justice

August 21, 2020 6933 Views 0 comment Print

Jansons Industries Limited Vs State Tax Officer (Madras High Court) High Court of Madras held that orders are contrary to law insofar as they are non-speaking and have been issued in violation of principles of natural justice, despite the specific request of the petitioner for personal hearing. High Court held that The impugned orders as […]

HC Direct Commissioner to Handover Delivery Order to Petitioner

August 21, 2020 594 Views 0 comment Print

whether the commissioner is justified in withholding the delivery order for the 1×40′ container, by insisting for clearance of the dispute against the 2×20′ containers?

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