Merely on the premise of mixing of the cargo, post the issuance of the let export order could not justify the claim for demand of duty on the entire lot, when there was nothing contrary to hold Fe% being more than the dutiable threshold, when arrived at on WMT basis.
Orissa High Court held that a party cannot be permitted to take inconsistent stand at different stages of the proceeding. Thus, contention that Fe content in IOF is to require to be determined on the basis of Dry Metric Ton [DMT] and not Wet Metric Ton [WMT] cannot be sustained.
Orissa High Court quashes royalty, additional charges, and penalty demand on Raja Bricks for stacked minerals, citing natural justice violation and ordering fresh hearing.
Orissa High Court held that challenge against reversal of Input Tax Credit [ITC] under GST not entertained due to availability of alternative remedy to appeal before appellate authority under section 107 of GST Act. Accordingly, writ dismissed.
Upon the petitioner’s appearance, the tax authority is mandated to consider the submitted documents and issue an appropriate order regarding the restoration of the Registration Certificate within two weeks from the date of appearance.
Orissa High Court rules against denying Section 12A income tax exemption solely for delayed audit report. Citing auditor negligence and Covid-19, it directs condonation of 353-day delay.
The Orissa High Court has quashed a GST demand for the 2017-18 financial year, citing retrospective amendments to Section 50 of the CGST Act and prior judicial precedent.
Orissa High Court held that money recovered from the petitioner constitutes ‘proceeds of crime’ unless the same is disproved at trial. Accordingly, proceedings under Prevention of Money Laundering Act, 2002 [PMLA] upheld.
Orissa High Court held that writ petition filed beyond the condonable period envisaged under section 107 of the Central Goods and Services Tax Act, 2017 [CGST Act] the same is not condoned. Accordingly, writ dismissed.
Orissa High Court entertained writ invoking extraordinary jurisdiction under Article 226 and 227 of the Constitution since tax is being assessed twice on the same transaction and double taxation is prohibited. Accordingly, order set aside.
