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Madras HC's Order In the Case of Roshan Fruits India Pvt. Ltd Vs Assistant Commissioner

ITC Claimed as Per GSTR 2A Vs 3B: Madras HC Orders Dept. to Dispose Petition Within 30 Days

The Madras High Court in a ruling, asked the Goods and Services Tax (GST) department to dispose of the Rectification Petition within 1 Month since the applicant submitted the reconciled GSTR 2A and GSTR 3B correctly. The writ petition has been filed via the applicant, Roshan Fruits India Pvt. Ltd. asking for the consideration of […]

Madras HC’s Order In Case of M/s.Pithamber Distributors Vs. Assistant Commissioner (ST)

Notice and Tax Demand Order Given at Same Time: Madras HC Directs to Start Case Proceeding By Law

The GST demand order issued on the exact date of issuance of Show Cause Notice ( SCN ) has been set aside by the Madras High Court. The Assistant Commissioner (ST) asked to initiate the proceedings under the statute. Both the SCN and the impugned order were issued on the same date, which, they argued, […]

Punjab & Haryana HC's Order for Acme Cleantech Solutions Pvt Ltd

PB & HR HC Grants Relief to Holding Companies for Facing GST Notice of Corporate Guarantees

The Punjab & Haryana High Court in relief for India Inc., has stayed a circular that is within the corporate guarantees furnished via holding companies for the advantage of their subsidiaries, to GST. The High Court in an interim order has stayed the Central Board of Indirect Taxes and Customs (CBIC) issued circular. As per […]

Madras HC's Order In Case of Vela Agencies Vs Assistant Commissioner ST FAC

Tax Demand Order Based on Different Grounds from GST Notice: Madras HC Directs New Proceedings

The Madras High Court in its ruling set aside the Goods and Services Tax ( GST ) demand order issued completely on a different basis from the Show Cause Notice ( SCN ). Fresh proceedings are ordered by the court. Madras High Court addressed a discrepancy between a tax order and the initial SCN, leading […]

Delhi HC’s Order In Case of Dish TV India Ltd. Vs. GST Officer

Delhi HC Slams GST Authorities for Neglecting Natural Justice Principle, Orders Re-adjudication

The Delhi High Court in a case has directed re-adjudication concerning the order passed u/s 73 of the Central Goods and Services Tax Act, 2017 for the failure to comply with the natural justice principle. The applicant Dish TV India Ltd has furnished the writ petition against the demand created u/s 73 of the CGS […]

Delhi HC's Order In Case of Kalpana Cables Products Pvt. Ltd Vs The Commissioner, Department of Trades and Taxes & ANR

Delhi HC: GSTIN Can’t be Cancelled Retrospectively for Non-filing GST Returns for 6 Months

The Delhi High Court ruled that Goods and Service Tax ( GST ) Registration cannot be cancelled retrospectively as of non-filing of returns for a continuous period of 6 months. The Court amended the impugned order to the extent that registration will now be deemed as cancelled w.e.f date 30.04.2019 i.e., the date from which […]

Delhi HC's Order In Case of Decolene Fibers Pvt. Ltd. VS Commissioner DGST and Ors.

An Order Approved without Providing an Opportunity for Clarification on SCN U/S 73: Delhi HC Instructs Re-Adjudication

Delhi High Court in a case asked for re-adjudication when the order passed u/s 73 of the Central Goods and Services Tax Act, 2017 without furnishing a chance to clarify the response concerning the Show Cause Notice (SCN). The applicant Decolene Fibers Pvt. Ltd. filed the writ petition against the show cause notice and order […]

Delhi HC's Order In Case of Dinesh Kumar Varma VS Sales Tax Officer Class

Dual GST Demand for Same Period: Delhi HC Instructs Re-adjudicate After Merging SCN

The Delhi High Court asked to re-adjudicate post clubbing two SCN mandating GST on the Identical Tax Duration. It was ruled that post clubbing SCN, it will be re-adjudicated via one proper officer under the law. The applicant Dinesh Kumar Varma, contested the order passed u/s 73 of the Central Goods and Services Tax Act, […]

Calcutta HC's Order In the Case of Ashish Kumar Sharma vs. the Deputy Commissioner, State Tax, Bureau

Calcutta HC: Tax Dept Can’t Impose Penalty Without Proof of Higher Value Than GST Invoice

The Calcutta High Court ruled that the GST department could not calculate the penalty amount on a higher value compared to the invoice value without proper proof and reason. The bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya has marked that a transporter or owner of the goods is forced to carry specific […]

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