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Judiciary

Non-Responsive Petitioner cannot complain violation of principles of natural justice

December 10, 2023 363 Views 0 comment Print

The court emphasizes that the petitioner received eight notices under Section 142(1) and two show cause notices under Section 144. Despite ample opportunities, the petitioner did not respond or seek extensions. The court concludes that the petitioner cannot now claim a violation of natural justice, as there was substantial compliance.

Section 54 CGST: Remittance of Interest After 60 Days – Allahabad HC Ruling

December 10, 2023 414 Views 0 comment Print

Allahabad High Court judgment on Desai Brothers Limited Ratanpur vs. State of U.P. highlights Section 54, emphasizing interest remittance 60 days post refund application.

Kerala HC Dismisses Writ Petition on Restoration of Customs Appeal

December 10, 2023 165 Views 0 comment Print

Read about the Kerala High Court’s dismissal of a writ petition seeking restoration of a Customs appeal. The court found the petition misconceived and not maintainable.

Rejecting Transaction Value Based on Assumption Contrary to Customs Act Section 14 & Valuation Rules 8

December 10, 2023 729 Views 0 comment Print

Krishna Traders Vs Commissioner of Central Tax (CESTAT Hyderabad): Transaction value cannot be rejected on mere assumption/presumption and against provisions of Section 14 of Customs Act read with Rule 8 of Valuation rules

Kerala HC Disposes of Writ Petition: Petitioner Granted Liberty to Appeal before GSTAT

December 10, 2023 312 Views 0 comment Print

Read the Kerala High Court judgment on Parameswaran E. C. vs Assistant Commissioner, where writ petition challenging GST assessment orders is disposed of, allowing the petitioner to appeal within a month.

CESTAT Set Asides Confiscation of Gold Biscuits for Lack of Illegal Smuggling evidence

December 10, 2023 498 Views 0 comment Print

Explore the CESTAT Hyderabad decision directing the release of gold bars seized as smuggled goods in Mitta Sunil Kumar vs Commissioner of Customs case. Learn about the legal arguments and outcome.

ITC cannot be blocked when no order is issued u/s 74 of CGST Act or Rule 86A of CGST Rules

December 10, 2023 2772 Views 0 comment Print

Telangana High Court’s landmark decision in M/s. A.S.E. India v. Union of India, highlighting invalidity of blocking ITC without a CGST Act Section 74 order or Rule 86A compliance.

NCLT Not Obligated to Monitor Every Settlement Payment as a sentinel/guardian

December 9, 2023 867 Views 0 comment Print

NCLT Delhi’s landmark judgment in Agson Global vs. Prodalim B.V clarifies its role in settlement payments. Breach doesn’t trigger CIRP. Full order text included.

ITAT Mumbai Allows Deduction for Interest Expenditure against rental income

December 9, 2023 1635 Views 0 comment Print

Explore the ITAT Mumbai order in Sujeev Sanjeev Kharwadkar Vs ACIT case. Learn how the ITAT allows deduction under section 24 for interest expenditure in Income Tax Act.

Admitted facts: No prejudice to appellant if SCN did not refer to a particular statutory provision

December 9, 2023 1035 Views 0 comment Print

Explore the Kerala High Court’s decision in the case of Global Plasto Wares vs. Assistant State Tax Officer. Analysis of penalties under Section 73(11) of CGST/SGST Act and implications for businesses.

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