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Madras High Court

HC rejects GST Writ petition & grants condonation on account of Covid-19 situation

July 19, 2022 2196 Views 0 comment Print

Held that when there is an appeal remedy available under Section 107, it is the settled proposition that, writ petition cannot be filed by invoking the extraordinary jurisdiction. Petitioner can file an appeal before the Appellate Authority and file a condone delay petition stating the Covid-19 situation.

Initiation of reassessment proceedings, without notice u/s 148, is bad in law

July 14, 2022 1695 Views 0 comment Print

Held that as notice for reopening of assessment u/s 148 was not served, within the time stipulated u/s 149, reassessment proceedings initiated u/s 147 is untenable in law

GST Registration cannot be denied by violation of principles of natural justice

July 14, 2022 5862 Views 0 comment Print

B.C. Mohankumar Vs Superintendent of Central Goods & Service Tax (Madras High Court) Rejection of application for GST registration: HC heold that order in this case is non-speaking, arbitrary and evidently has not taken into account the explanation furnished by the petitioner. Learned counsel for the respondent refers to Rule 9(4), particularly the deployment of […]

Relevant date for claiming Pension Scheme is date of actual appointment & not date of approval of appointment

July 12, 2022 2190 Views 0 comment Print

HC held that the relevant date for claiming Old Pension Scheme is the date of actual appointment and not the date of approval of appointment.

CBIC can appoint officers of DGCEI to act as Central Excise Officer: HC

July 10, 2022 2064 Views 0 comment Print

HC held that No restriction can be inferred on the powers of CBIC while appointing officers of DGCEI presently Directorate of GST Intelligence to act as Central Excise Officers.

Article 226 cannot be invoked if petitioners have statutory remedy before NCLAT

July 10, 2022 315 Views 0 comment Print

Since the petitioners are having effective and statutory remedy before the Appellate Authority, they cannot come to this Court invoking Article 226 of the Constitution of India.

Validity of SCN: HC direct GST dept to consider applicability of Circular No. 52/26/2018-GST

July 8, 2022 1443 Views 0 comment Print

PEETEE Coach Builders Private Limited Vs Union of India (Madras High Court) The petitioner has challenged the impugned show cause notice dated 15.12.2020 of the 4th respondent on the ground that the impugned notice is contrary to the circular No.52/26/2018-GST, dated 09.08.2018 of the Government of India, Ministry of Finance (Department of Revenue), Central Board […]

Reopening by officer having no jurisdiction vitiate the entire proceedings

July 7, 2022 2238 Views 0 comment Print

Reopening the assessment under section 148(2), by officer having no jurisdiction over the appellant, vitiate the entire reassessment proceedings initiated against the appellant.

No demand can be made under GST in Form DRC-01A without issue of section 74(1) Notice

July 3, 2022 5604 Views 0 comment Print

Madras HC quashes assessment orders against Anantham Retail Pvt. Ltd. for tax years 2019-22. Violation of natural justice cited. Learn more.

HC allows re-Export of goods subject to Authority of dept to impose penalty for irregularities

July 3, 2022 606 Views 0 comment Print

Assistant Commissioner of Customs Vs Mahadev Enterprises (Madras High Court) The simple prayer in the writ petition is to direct the appellants to permit the respondent to re-export the goods, namely, Unflavored Supari (Betelnut Product) and to issue a ‘Detention Certificate’ for waiver of demurrage and container detention charges. The respondent imported Betelnut Product with […]

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