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Judiciary

Lack of clarity w.r.t. reasons/ contraventions in SCN violates principles of natural justice

January 28, 2023 2133 Views 0 comment Print

HC held that DRC-07 has been issued within five days of issuance of DRC-01 is a clear picture of violation of principles of natural justice.

ITC cannot be denied without granting opportunity to show genuineness of transactions

January 28, 2023 4191 Views 0 comment Print

HC held that Opportunity of hearing to be granted before denying ITC if sufficient documents available to show genuineness of transactions

GST registration cannot be cancelled without Application of mind by department

January 28, 2023 1851 Views 0 comment Print

There should be application of mind by Revenue Department while passing orders, cancelling GST Registration be it physical or auto-generated.

GST: HC Grants bail as accused was co-operating & proceeding u/s 74 of CGST Act was pending

January 28, 2023 1443 Views 0 comment Print

Pradeep Jain Vs State of U.P (Allahabad High Court) It is submitted by learned counsel for the applicant that proceeding u/s 74 of CGST Act is still pending, he is cooperating with the investigation/enquiry and did not misuse the liberty of aforesaid interim anticipatory bail which was granted on 22.03.2021 by the Coordinate Bench of […]

HC directs GST dept to lift garnishee order & bank attachment as appellant paid mandatory pre-deposit

January 28, 2023 1401 Views 0 comment Print

Kajal Dutta Vs Assistant Commissioner of State Tax (Calcutta High Court) The learned Advocate appearing for the appellant submitted that garnishee proceedings have been initiated by the authorities by way of attachment of the appellant’s bank When the appeal was presented, the mandatory pre-deposit of 10% of the disputed tax has been complied with by […]

Seizure of Goods: HC directs appellant to file application before AO for relief under Section 129(1)(a)

January 28, 2023 798 Views 0 comment Print

Surojit Das Vs Assistant Commissioner of State Tax (Calcutta High Court) The learned Advocate for the appellant would submit that in terms of Section 129(1)9a) of WBGST /CGST Act, the appellant can seek  for release of the goods without prejudice to the rights and contentions of either parties. In fact, the learned Single Bench in […]

Value of seized goods cannot be determined in a writ proceedings

January 28, 2023 528 Views 0 comment Print

Whether value of seized goods/bundles were valued between Rs. 4500 -5000 per bundle or Rs .20,000/- cannot be determined in a writ proceedings

Assessment order passed in the name of non-existing entity is null & void ab initio

January 28, 2023 1743 Views 0 comment Print

DCIT Vs Barclays Global Service Centre Private Limited (ITAT Pune) The issue that arises for our consideration is whether or not an assessment order passed in the name of amalgamating company i.e. non-existing company, is valid in the eyes of law. There is no dispute about the fact that the factum of amalgamation was put […]

Bail Condition to deposit INR 70 Lakhs for alleged wrongful availment of ITC is not sustainable

January 28, 2023 2562 Views 0 comment Print

SC set aside the condition imposed by Chhattisgarh HC, of depositing INR 70 Lakh for grant of bail in a matter of wrongful availment of ITC

Verizon India eligible for refund of Cenvat on Services to Verizon USA rendered as principal service provider

January 27, 2023 1578 Views 0 comment Print

Verizon India Pvt. Limited Vs Commissioner of Service Tax (CESTAT Delhi) The case of Revenue is that the location of service provider/appellant is in India and further in terms of Rule 9 of POPS, the service provided, being intermediary services, the location of the service provider under Rule 9 of POPS, shall be the place […]

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