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Madras HC's Order In Case of Tvl.Evershine Industries vs The Assistant Commissioner

Madras HC Quashes GST Orders Issued U/S 73 and 74 Without Proper Hearing on 10% Pre-Deposit Instead of 25%

GST ( Goods and Services Tax ) orders have been set aside by the Madras High Court, which was issued under Sections 73 and 74 of the GST Act without furnishing a proper hearing opportunity on a 10% pre-deposit instead of the mandatory deposit of 25%. Tvl. Evershine Industries, the applicant, has cancelled its GST […]

Telangana HC'S Order in The Case of M/s. Lakshmi Bhanu Steel Traders vs. The Assistant Commissioner (ST)

Telangana HC Sets Aside GST Order Issued After Deadline, Including Bank Attachments

The Telangana High Court has determined that any GST assessment order issued even a single day after the designated limitation period is considered invalid and unenforceable. This ruling underscores the importance of adhering to the statutory timelines established for GST assessments. The Telangana High Court has determined that any Goods and Services Tax (GST) assessment […]

HP HC's Order In Case of M/s Kunal Aluminum Company vs State of Himachal Pradesh

Himachal HC: Tax Penalty Invalid Without ‘Mens Rea’ in GST E-Way Bill Case

The Himachal Pradesh High Court cancelled the penalty and tax demand charged u/s 129 and 130 of the GST ( Goods and Services Tax ) Act for the non-generation of an e-way bill, ruling that the lack of intent to evade tax renders such a penalty unsustainable. It reaffirmed the condition of ‘Men Rea’. For […]

Orissa HC' Order in The Case of Society for Training Action Research vs. Central Board of Direct Taxes

Orissa HC: Section 12A Exemption Can’t Be Denied Solely for Delay in Submitting Audit Report

The Orissa High Court ruled that the benefit of the exemption claim under Section 12A of the Income Tax Act, 1961, should not have been rejected solely on the ground of delay in filing the audit report. The Society for Training Action Research filed a petition challenging the ruling that dismissed its request for condonation […]

Calcutta HC's Order In Case of M/s. Traco Enterprises vs. Deputy Commissioner of Revenue

GST Penalty Blocked: Calcutta HC Restrains Action Without Prior Approval

In the context of developments reshaping GST legislation, the Calcutta High Court has denied the state department the authority to proceed with a penalty notice issued under Section 122 of the CGST/WBGST Act, 2017, without prior approval from the court. The order was issued in connection with an investigation conducted under Section 35(6), which pertains […]

Allahabad HC's Order In Case of Trendships Online Services Pvt Ltd. vs Commissioner Commercial Taxes U.P.

Allahabad HC Upholds ITC Denial and Tax Penalty if Supplier Fails to Pay GST Dues

The Allahabad High Court upheld the validity of Section 16(2)(c) of the GST Act in a case, ruling that input tax credit (ITC) claims were not permitted. The court imposed a penalty on the buyer (the applicant) who claimed the ITC, as it was determined that the tax had not been deposited by the supplier. […]

Allahabad HC's Order in The Case of APL Apollo Tubes Limited vs. Commissioner, State Tax GST, UP

Allahabad HC Upheld a Penalty for ₹77.88 cr in GST Evasion Due to Return Mismatches

APL Apollo Tubes Limited filed a writ petition, which was dismissed by the Allahabad High Court, which asked to contest a GST demand order of Rs 778.83 crore. It was ruled by the court that the company needed to exhaust the available regulatory appeal procedure before approaching the High Court. The case is concerned with […]

Allahabad HC's Order in The Case of M/S R.T. Infotech vs. Additional Commissioner Grade 2 And 2 Others

Allahabad HC: GST ITC Cannot Be Denied to Buyer Due to Supplier’s Default

On 24.06.2022, the applicant contested the order of the Additional Commissioner Grade-2 (Appeals), Commercial Tax, Meerut (Respondent No. 1), for the period July 2017 to March 2018, as well as the order dated 22.10.2021 passed by the Deputy Commissioner, State Tax, Sector-4, Meerut (Respondent No. 2), for the same period. The petitioner, who is a […]

Orissa HC's Order In Case of Arjun Nayak vs. Chief Commissioner of Commercial Taxes and GST

Orissa HC Allows Hearing Due to GST Notice Delay During Petitioner’s Medical Treatment

The Orissa High Court acknowledged the justification for the delayed response to the GST notice, attributing it to the petitioner’s medical treatment during the specified timeframe. Consequently, the high court permitted a hearing to address the matter. The Commissioner of State Tax (Appeal) rejection order was been contested by the applicant Arjun Nayak. The applicant […]

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