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The Rajasthan High Court, Jaipur Bench, ruled that issuance of summons is not initiation of proceedings referable to under Section 6(2)(b) of the CGST Act. The bench of Justice Pankaj Bhandari and Justice Shubha Mehta noted that the extent of Section 6(2)(b) and Section 70 of the CGST Act is different and distinct, since the […]
The Madras High Court ruled the Assessing Officer (AO) to permit the transitional credit of purchase tax paid under Section 140 of the TNGST Act, 2017, if the applicant had paid “purchase tax” under Section 12(1) of the TNVAT Act. The bench of Justice C. Saravanan noted that the applicant deserves an opportunity to safeguard […]
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 […]
The Allahabad High Court ruled that the provision of a self-certified copy of the order does not apply to the petitions filed electronically under Section 107 of the Central Goods and Service Tax Act, 2017 read with Rule 108 of the Central Goods and Services Tax Rules, 2017. Section 107 of the Central Goods and […]
The Kerala High Court dismissed the petition on the problem of Claim of Transitional Credit as the taxpayer could claim the legal Remedy under the Kerala State Goods and Service Tax ( KSGST/CGST ) Act, 2017 Mr Shameem Ahamed appeared for the petitioner, Ms Jasmine M. M., Government Pleader for the 1st respondent and Mr […]
Introduction For CGST– the Calcutta High Court In a significant legal development directed the pivotal judgment for the case of Mohammad Shamasher vs. State of West Bengal & Ors., challenging penalties imposed under Section 129 of the State Goods and Services Tax (GST) Act. This case is about the detention of an escalator machine (JCB) […]
Only technical errors under tax laws without any financial implications must not be the foundations for the imposition of penalties, the Allahabad HC stated. When dealing with the case of goods not accompanying the e-way bill, Justice Shekhar B. Saraf stated. “Mere technical errors, without having any potential financial implications, should not be the grounds […]
In a recent decision, the Patna High Court declared that the pre-deposit for upholding an appeal following Section 107(6)(b) of the CGST/SGST Act can only be made using funds from the Electronic Cash Ledger, not the Electronic Credit Ledger. The division panel, consisting of Justices Madhuresh Prasad and Chakradhari Sharan Singh, concluded that the pre-deposit […]
Patna HC’s Order for M/s Prince Sanitation Gandhi Path
