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Search results for: patna high court

Patna HC's Order in The Case of Siddartha Travels vs. Principal Commissioner of CGST and Central Excise

Patna HC Rejects Fire Damage Plea, Upholds Service Tax Demand on Travel Agency

A service tax demand of ₹25.25 lakh has been upheld by the Patna High Court against a travel agency, dismissing its defence that crucial business records had been lost in a fire. The Division Bench comprising Justice Rajeev Ranjan Prasad and Justice Ashok Kumar Pandey observed, “this petitioner having surrendered his service tax registration had […]

Patna HC's Order in The Case of CTS Industries Limited vs. Directorate General of GST Intelligence

Patna HC: State GST Assessment Valid, No Procedural or Jurisdictional Flaw Found

The Patna High Court recently affirmed a GST assessment decision given by the State Tax Authorities. The court determined that there were no procedural or jurisdictional flaws in the case because no procedures were begun by the Central agency at the time the State order was issued. CTS Industries Limited, based in Begusarai, Bihar, has […]

Patna HC's Order In The Case of M/s Sri Sai Food Grain and Iron Stores V/S The State of Bihar and Ors.

Patna HC Quashes GST Demand, Citing Non-Compliance with BGST Act and CrPC Inspection Rules

The Patna High Court recently granted relief by overturning a GST demand totalling ₹88,64,550.50. The high court highlighted that an inspection conducted under the Bihar Goods and Services Tax and Central Goods and Services Tax frameworks is legally invalid unless it adheres to the procedural requirements established in Section 67 of the BGST/CGST Act, 2017, […]

Patna HC's Order In the Case of M/s JMD Alloys Ltd. V/S Union of India and Ors

Patna HC: Transitional Credit Inapplicable for Capital Goods Received After GST Implementation

While keeping the recovery of ₹8,62,566 as ineligible CENVAT credit, the Patna High Court ruled that transitional credit cannot be availed for capital goods received after GST implementation. The Division Bench of the High Court, comprising Justices Rajeev Ranjan Prasad and Ramesh Chand Malviya, ruled that “The distinction in the matter of giving the benefit […]

Kerala HC's Order in The Case of ST. Antony Trading and Transport Pvt. Limited Vellara House vs. Joint Commissioner (Appeals)

Kerala High Court: GST Appellate Authority Must Decide Appeals on Merits, Even in Appellant’s Absence

Under the Central Goods and Services Tax Act (CGST Act 2017), the Kerala High Court has ruled that an appellate authority is required to consider the merits of an appeal even when there is no appearance on behalf of the appellant. It was mentioned by the court that the order is required to be passed […]

SC's Order In Case of M/S HCC-SEW-MEIL-AAG JV vs. Assistant Commissioner of State Tax

Supreme Court to Rule on Extension of GST SCN Adjudication Timeline Under CGST Act

The Apex court is to decide whether the time limit for adjudicating the show cause notice and passing an order could be extended via the issuance of the notifications u/s 168-A of the CGST Act. The same provisions provide the authority to the government to issue the notification for extending the time limit specified under […]

Patna HC's Order In Case of M/S Rani Enterprises vs. The Union of India

Patna HC Upholds GST Registration Cancellation, Emphasizes Timely Use of Legal Remedies

A writ petition has been dismissed by the Patna High Court contesting the cancellation of GST registration, quoting that statutory remedies should be pursued within the said time limit. Chief Justice K. Vinod Chandran and Justice Partha Sarthy noted that “The law favours the diligent and not the indolent”. Rani Enterprises the applicant challenged the […]

PB and HR HC's Order In Case of M/s. Imaging Solutions (P) Ltd. vs. State of Haryana and Others

Punjab and Haryana High Court: GST Appeal Cannot Be Canceled Due to Non-payment of the Requisite Fee

It was cited by the Punjab and Haryana High Court that the plea could not be dismissed as not maintainable for not filing the requisite fee. The Division Bench comprising Justices Sanjeev Prakash Sharma and Sanjay Vashisth was acknowledging the matter in which the Appellate Authority dismissed the plea as not maintainable on the basis […]

Patna HC's Order in Case of M/S Silverline vs. The State of Bihar through the Principal Secretary Cum Commissioner

Patna HC: Appellate Authority Must Address Grounds Raised in Appeal on Merits, Even in Ex Parte Hearings

It was cited by Patna High court that the Appellate authority has a obligation to analyse the grounds that the taxpayer has raised in the memorandum of plea and wished to issue on merits if the plea is filed ex parte. The Bench including Chief Justice K. Vinod Chandran and Justice Partha Sarthy, cited that […]

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