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Search results for: GST authorities

Calcutta HC's Order in The Case of Dhananjoy De vs. Superintendent of Central Tax Audit

Calcutta HC Allows Condonation of Minor Delay in GST Appeal, Citing Satisfactory Explanation by Petitioner

The Calcutta High Court recently ruled that a minor delay in filing a GST appeal warranted condonation, as the petitioner presented a satisfactory explanation for the delay. Additionally, the Court instructed the authorities to re-evaluate whether the pre-deposit requirement under the CGST Act, 2017, had been calculated correctly and adhered to appropriately. The applicant, Dhananjoy […]

Kerala HC's Order in The Case of Saleena Shahul Hameed vs. The State Tax Officer

Kerala HC: No Restoration of Cancelled GST Registration Just to Claim ITC Benefit U/S 16(6)

The Kerala High Court has issued a ruling stating that a Goods and Services Tax (GST) registration that has been cancelled cannot be reinstated solely for the intention of claiming Input Tax Credit (ITC) as per Section 16(6) of the CGST Act, 2017. Under Section 16(6) of the Central Goods and Services Tax Act, 2017, […]

Allahabad HC's Order In the Case of Vipul Kumar Singh vs. State of U.P.

Allahabad HC Quashes GSTIN Cancellation; Directs Fresh GST SCN and Hearing

The Allahabad High Court, Lucknow Bench, has quashed both the cancellation of GST registration and the following rejection of the appeal of the taxpayer on limitation grounds. The court said that the case must be reconsidered and asked the authorities to furnish a fresh chance of hearing. A fresh show cause notice needs to be […]

Delhi HC's Order in The Case of M/S IMS Mercantiles LTD vs. Union Of India & ANR

Delhi HC Slams Dept for Overreaching GST Demand, Ignoring Actual Sales Figures

The Delhi High Court has recently expressed disapproval of the GST Department for issuing a tax demand calculated based on the company’s overall turnover. This decision has raised concerns, particularly because the authorities already had access to precise sales data that should have been used for determining the tax obligations. A division bench of Justices […]

Tripura HC's Order in The Case of M/S R. G. Group vs. Union of India

Tripura HC: GST Officials Must Pass Reasoned Order Even If Penalty Is Paid Under Duress

The Tripura High Court has recently clarified that a penalty paid under economic pressure cannot be considered a voluntary admission of liability. The Court further emphasised that tax authorities are still required to issue a final, well-reasoned order in accordance with the Tripura State GST Act, 2017. A recent ruling has emerged from the case […]

Allahabad HC's Order In the Case of M/S Agarwal Aromas Private Limited vs Union Of India

Allahabad HC Directs GSTN to Enable Appeal Filing Even in Nil Dispute Cases Within a Month

The Allahabad High Court directed the GSTN ( Goods and Services Tax Network ) to revise the GST portal within 1 month to permit appeals even when disputed tax shows ‘Nil’ and held that a statutory right to appeal u/s 107 of the GST Act cannot be refused or blocked because of the technical glitches […]

Kerala HC's Order in the Case of Shazil Shariff vs. The Chief Commissioner Of Central GST And Central Excise

Kerala HC Upholds GST Registration Cancellation Citing Delay in Seeking Remedy

The Kerala High Court has rejected a writ petition contesting the cancellation of a GST registration, which was filed after a delay of one year. The petitioner/assessee did not utilise the available statutory remedies within the timeframe mandated by law, leading to the dismissal of the petition. The bench of Justice Ziyad Rahman A.A. cited […]

Delhi HC's Order In the Case of XY vs. Union of India

Delhi HC: Informers on GST Evasion Have No Right to Claim Reward

The Delhi High Court has ruled that giving a reward to someone who reports the GST evasion is up to the officers’ discretion. This means that while informants can be awarded for their details, they cannot demand or desire these rewards as a right. The Court was acknowledging a Writ Petition submitted on the fact […]

Rajasthan HC's Order in The Case of M/s. Bhilwara Trading Company vs. Bank Of Baroda

Rajasthan HC: Bank Can’t Freeze Account on Voluntary GST Cancellation

The Rajasthan High Court has instructed the Bank of Baroda to unfreeze the applicant’s company account, allowing the company to use the account freely until a final decision is made regarding its representation. The court noted that the bank cannot freeze the account solely because the company’s GST registration was voluntarily cancelled. The company, which engages in […]

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