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Delhi HC Order In the Case o M/S Fone Zone NXT vs. Commissioner of DGST

Delhi HC: Taxpayer Can’t Shift Burden to CA to Escape GST Penalty for SCN Lapse

The Delhi High Court has thrown out several petitions from taxpayers who were contesting certain decisions related to the Goods and Services Tax (GST). These decisions were made without the taxpayers being present, and some of their bank accounts had been temporarily frozen. The court emphasised that taxpayers cannot escape the effects of these decisions […]

Bombay HC's Order In the Case of Director Ms Suchishree Mukherjee W/o Sandeep Kunte vs. Union of India

Bombay HC Mandates a Minimum 3-Month Timeline Between SCN and Final GST Order

The Bombay High Court (Nagpur Bench) held that a three-month gap between the issuance of a GST show cause notice (SCN) and the passing of a final order must be there under section 73 of the CGST Act, 2017. A writ petition has been submitted by the applicant, A.M. Marketplace Pvt. Ltd concerning whether the […]

Madras HC's Order in The Case of N.Ramkhuar Narasimhan vs. Assistant Commissioner (ST)

Madras HC: Directors Cannot Be Directly Held Liable for Company’s GST Dues

The Madras High Court has decided that company directors who are going through liquidation cannot be held personally responsible for paying off the company’s GST dues. The court has given them an opportunity to free themselves from these financial responsibilities. N. Ramkhuar Narasimhan and Poorani Nagarajan, who were directors of M/s. Infinitas Energy Solutions Pvt. […]

Calcutta HC's Order in The Case Of IVL Dhunseri Petrochem Industries Private Limited vs. Union of India & Ors

Calcutta HC Suspends IT Reassessment Section 148 Over Ignored Reply to Notice U/S 133(6)

The Calcutta High Court has stayed reassessment proceedings initiated u/s 148 of the Income Tax Act, 1961, for the AY 2021-22, on a prima facie basis, that the reassessment notice seemed to have been issued without acknowledging the taxpayer’s detailed replies provided earlier in reply to a notice u/s 133(6) of the Income Tax Act. […]

Madras HC's Order in The Case of Tvl Nagappa Textiles vs. The State Tax Officer (FAC)

Madras HC: Uploading GST Notices on Tax Portal Without Effective Service Is an Empty Formality

A recent ruling by the Madurai Bench of the Madras High Court has overturned a tax assessment order related to the Goods and Services Tax (GST) in Tamil Nadu. The court found that the tax authorities did not allow the taxpayer an opportunity for a personal hearing before making their decision. Additionally, the court stated […]

PB & HC's Order In the Case of CSJ Infrastructure Pvt. Ltd. vs. Union Territory of Chandigarh

PB and HR HC: GST Demand on Advertising Fees Invalid Without Third-Party Hearing

The Punjab and Haryana High Court, in a recent ruling, held that a GST demand raised by the Municipal Corporation, Chandigarh, for an advertisement fee cannot be sustained without granting the affected party an opportunity of hearing. A writ petition has been submitted by the CSJ Infrastructure Private Limited, contesting a demand notice issued by […]

Supreme Court Ms Shiva Enterprises vs. Principal Commissioner

Fake GST ITC Case: Assessee Approaches SC Challenging Delhi HC’s Order

The taxpayer has approached the Apex court contesting the order of the Delhi High Court that dismissed its writ petition and levied Rs 5 lakh after the HC discovered that the applicant had misled the court and tried to evade additional legal measures for the allegedly fake claim of the ITC under the Goods and […]

Delhi HC's Order in the Case of Philco Exports Private Limited vs. Assistant Commissioner of Income Tax, & ORS

Delhi HC: Department Must Refund Tax Recovered Without Serving Demand Notice

The Delhi High Court recently issued a ruling stating that the collection of tax dues is legally invalid unless the assessment order and statutory demand notice are provided. The court directed the tax department to refund the amounts that were recovered, emphasising that the collection was carried out without the proper legal authority. Philco Exports […]

Calcutta HC's Order In the Case of Lakshmi Narayan Shah vs. State of West Bengal

Calcutta HC: GSTAT Can’t Enhance GST Penalty Without Giving Hearing Opportunity U/S 107(11)

The Calcutta High Court has partly refused an appellate order given under the West Bengal GST regime. The HC figured that the appellate authority unlawfully raised the assessee’s tax penalty without furnishing the requisite option for a hearing, thereby violating Section 107(11) of the CGST and WBGST Act of 2017. The bench of Justice Om […]

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