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Search results for: Revenue Recovery

Gujarat HC's Order in The Case of Patanjali Foods Ltd. vs. Union Of India & Ors

Gujarat HC Reinstates Patanjali’s ₹1.7 Crore GST ITC Refund After Revenue Recovery Attempt

The Gujarat High Court ruled in favour of Patanjali Foods Ltd. (Patanjali), keeping the refund of unutilized Input Tax Credit (ITC) of Rs 1,70,07,091, which was initially granted but subsequently desired to be recovered by the revenue. The applicant, Patanjali Foods, is a foremost manufacturer and seller of edible oil who applied for an ITC […]

Calcutta HC's Order In Case of M/s. Prakriti Eminent Height LLP vs. Senior Joint Commissioner of Revenue & Ors

Calcutta HC Stays 10% Pre-Deposit Recovery in Challenge to Time-Barred GST Demand U/S 73

The Calcutta High Court has granted interim relief in a challenge to a time-barred demand made under Section 73 of the West Bengal Goods and Services Tax Act, 2017 (WB GST Act), by temporarily halting the recovery process and directing the deposit of 10% of the disputed tax amount so that it may fully consider […]

Bombay HC's Order In Case of Power Engineering (India) Private Ltd. vs. Union of India

No Hearing, No Valid SCN: Bombay High Court Cancels GST Refund Recovery

In the absence of a valid show cause notice and the denial of an opportunity to be heard, the Bombay High Court has quashed the Goods and Services Tax (GST) refund recovery. Under the GST regime, Power Engineering (India) Pvt. Ltd. is a registered EOU and is in the business of production and export of […]

Recovering GST Demands from Debtors: Section 79(1)(c)

GST Demand Recovery from Debtors: Section 79(1)(c) Guide

In this article, SAG Infotech explains how the GST Department recovers tax amounts from debtors under Section 79(1)(c) of the CGST Act 2017. Speaker Om Birla cited that the world learns from the tax system of India. Under GST the whole country has to pay the uniform indirect taxes. Before that, each state had its […]

Madras HC's Order in The Case of Lakshana Cotton Spinning Mills Limited vs. The Commercial Tax Officer

Madras HC: Recovery Actions Cannot Be Initiated Against Company Directors if Assessee’s Status is Non-Existent

It was carried by the Madras High Court that recovery actions against the directors of a company cannot be created if the status of the taxpayer does not exist. The Division Bench of Justices Anita Sumanth and G. Arul Murugan noted that “while in the case of amalgamation, it is only the apparent and outer […]

Delhi HC's Order in Case of M/s Kundan Trading Company Vs. PR.Commissioner of the Department of Trade

Delhi HC: GST Reg. Cancellation Cannot Be Withheld Due to Pending Assessments or Recovery Proceedings

Delhi High Court ruled that the revenue department could not accept an application for the cancellation of GST registration on the grounds of any impending assessment or recovery proceedings against the applicant who applied for the cancellation. The Writ Petition was filed via M/s Kundan Trading Company, an entity registered under the Central Goods and […]

GST Instructions No. 01/2024 for Recovery Proceedings

CBIC Issues Instructions No. 01/2024 for Recovery Proceedings Under GST

CBIC has stated that the Principal commissioner or commissioner-level officers could provide the directions to recover the GST dues within the said 3 months of serving the demand order. Under the GST statute, when a taxable individual does not file the amount stated under an order passed under the CGST act within 3 months from […]

Madras High Court's Order for K.N.Subramaniam

Madras HC: Recovery Officer Can’t Invalidate a Sale Made by an Individual in Favour of a 3rd Party

The Madras High Court ruled that a tax recovery officer could not declare a sale that the taxpayer made in favor of a third party void if he discovers that the property of the taxpayer was transferred by the taxpayer to a third party to defraud the revenue. The bench of Justice C. Saravanan has […]

Delhi HC’s Order for Vishesh Khanna

Delhi HC: Recovery of TDS Deducted by Employer Not Permissible U/S 205 of IT Act

The Delhi High Court has ruled that the Tax Deducted at Source (TDS) by the employer cannot be reclaimed from the person from whom it was deducted, as stated in section 205 of the Income Tax Act, 1961. Vishesh Khanna, the person who filed a Writ of Mandamus, requested that Respondent No. 1 cancel the […]

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