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Judiciary

No appellate tribunal constituted by state: HC stay proceedings till constitution

January 13, 2025 339 Views 0 comment Print

The writ petition is filed by the petitioner as no appellate tribunal is so far constituted in the state and the petitioner being aggrieved from the orders passed by the lower authorities could not file further appeal before tribunal. It is further submitted that 10% of total amount is already remitted as pre-condition for filing appeal

Cost imposed for lack of diligence on part of assessee: ITAT Ahmedabad

January 13, 2025 582 Views 0 comment Print

ITAT Ahmedabad restored the matter back to AO for fresh adjudication but imposed cost of Rs. 10,000 for lack of diligence during assessment and appellate proceedings on the part of the assessee.

Transfer of case to another AO without transfer order u/s. 127 untenable: ITAT Delhi

January 13, 2025 1659 Views 0 comment Print

ITAT Delhi held that transfer of case of the assessee would not be permissible to another Assessing Officer without a decentralization order or transfer order under Section 127 of the Act is liable to be set aside on the ground of jurisdictional error.

Petitioner Not Required to Access GST Portal for Notices Post Registration Cancellation

January 13, 2025 588 Views 0 comment Print

Learn about the Allahabad High Court’s ruling on GST registration cancellation and natural justice issues in the case of Envicon Technologies India Pvt Ltd.

Penalty Not Justified When Assessee Filed GST Return Following Notice Under Section 125/127

January 13, 2025 1764 Views 0 comment Print

Explore the Allahabad High Court’s interim order on penalty recovery under GST in Khandelwal Khad Beej Bhandar Vs State of UP and another case.

Assessing Authority Must Address Objections; GST Order Exceeding SCN is Void: Madras HC

January 13, 2025 708 Views 0 comment Print

Madras HC sets aside an order exceeding the scope of a Show Cause Notice under GST, citing non-application of mind and violations of Section 75(7) of the Act.

Seller Not Liable for Dues in ‘As Is Where Is’ Property Transfer: SC

January 13, 2025 3126 Views 0 comment Print

K C Ninan Vs Kerala State Electricity Board & Ors. (Supreme Court of India) A. Overview 1. The nineteen cases in this batch of appeals follow a similar pattern of facts. The supply of electricity was discontinued due to the failure of the previous owners to pay the dues for consumption of electricity on the […]

Gujarat HC Sends Case Back for Refund Review Under CBIC Circular

January 13, 2025 1314 Views 0 comment Print

The Gujarat HC directs authorities to re-evaluate Kashi Exports’ GST refund claim as per CBIC’s 2023 circular on adjusted total turnover calculation for exporters.

Non-maintainability of application u/s 9 of IBC as being time-barred

January 11, 2025 1566 Views 0 comment Print

Assessee-company had challenged an order passed by the National Company Law Tribunal ( NCLT ) which dismissed its Section 9 application under the IBC, against the corporate debtor for being time-barred

Matter remanded back to CIT (A) as there was failure to adjudicate issues u/s 148

January 11, 2025 1263 Views 0 comment Print

It was claimed that the notice under Section 148 was time-barred, reasons recorded under Section 147 were vague, and proper show-cause notices were not issued, violating Section 144B.

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