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Search results for: GST authorities

Madras HC's Order for Balaji Electrical & Hardwares

Madras HC: If An Assessment Order Doesn’t Meet Conditions Defined in GST Section 74, It Is Considered Invalid

Delhi High Court in a judgment stressed the importance of complying with the statutory needs laid out in Section 74 of the Tamil Nadu Goods and Services Tax Act, 2017 (TNGST Act), in the case of Balaji Electrical & Hardwares Vs State Tax Officer (ST). The very ruling has set a precedent, assuring that the […]

Allahabad HC's Order for M/S Riadi Steels Llp

Allahabad HC: Penalty U/S 129 of GST Act Can’t Be Imposed If Truck Moving Slowly Due to Technical Fault

Allahabad High Court, when the GPS tracking system displays the slow movement of the truck due to mechanical problems in the engine then the penalty under Section 129 of the Goods and Service Tax Act, 2017 cannot have been levied for not extending the period in the e-way bill. The Court held that not extending […]

Kerala HC's Order for Firos C.A

Kerala HC: VAT Act Grants the Authorities the Power to Collect Tax Dues from the Directors of a Pvt Company

If the company fails to make payment of the tax then Section 39 of the Kerala Value Added Tax Act, 2003, authorizes the taxing authorities to retrieve the tax dues from the directors of the private company, Kerala High Court ruled. When the taxing authorities were unable to recover the dues from the company, they […]

Madras HC's Order for Reckitt Benckiser (India) Limited

Madras HC Criticizes the Way AO to Classify Harpic and Lizol Under 28% GST Rate

The Madras High Court ruled that Ao’s classification of Harpic and Lizol under the 28% GST slab rate is without consideration. The bench of Justice Mohammed Shaffiq noted that when complaints are raised, a duty is cast on the assessing authority to apply its mind to the objections and deal with each one of them. […]

Delhi HC's Order for Jagdish Bansal

Delhi HC: “Cash” is Not Considered a Type of “Goods”, Can’t Be Seized Under GST

The Delhi High Court asked the respondent department to forfeit or remit the cash charged from the premises of the applicant to the petitioner comprising interest. The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has noted that ‘cash’ is excluded from the definition of the term ‘goods’ and would counted within the definition […]

Discussion for Stopping Fake GST Invoicing

FM to Meet with Enforcement Chiefs for Combating GST Evasion

A conference of GST enforcement chiefs shall be inaugurated by FM Nirmala Sitharaman and the meeting will discuss fighting evasion, among other issues. The one-day conference is intended to combat bogus invoicing. It will address this primary form of GST evasion and strategize useful methods to fight it jointly. The meeting is anticipated to motivate […]

Allahabad HC’s Order for M/S Akhilesh Traders

Allahabad HC: GST Invoice and E-way Bill Generation After Detention Can’t Save from Penalty

The Allahabad High Court ruled that the absence of tax invoices and/or e-way bills during interception and their next production does not forgive the taxpayer from the obligation of penalty under the Goods and Service Tax Act. “Production of these documents after the interception cannot absolve the petitioner from the liability of penalty as the […]

Allahabad HC's Order for M/S Indeutsch Industries Private Limited

Allahabad HC: Just One Typographical Error Does Not Justify Imposing a Penalty Under GST

In a recent ruling, the Allahabad High Court noted that a single typographical error in an e-way bill cannot be a sufficient justification to impose a penalty. The judgment came in the case of Indeutsch Industries Private Limited Vs State of U.P. And 2 Other. A writ petition was filed by Indeutsch Industries Private Limited […]

Delhi HC's Order for M/s Dashmesh Wires and Cables (India)

Delhi HC: GSTIN Cancellation Must Be Stay from Biz Discontinuation Date, Not Deemed Retrospectively

As a taxpayer has not filed the GST returns for a certain duration does not imply that the registration of the assesses is required to be cancelled with a retrospective date also covering the period when the returns were filed and the assessee was compliant, Justices Sanjeev Sachdeva and Ravindra Dudeja noted. The Delhi High […]

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