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While considering an appeal under Section 260A of the Income Tax Act, the Allahabad High Court held that the Income Tax Appellate Tribunal cannot dismiss adjournment requests and issue ex parte orders without providing reasons. The Allahabad High Court observed that allowing such actions would undermine the parties’ right to a fair and reasonable opportunity […]
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 […]
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 […]
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 […]
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 […]
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 […]
The Kerala High Court ruled that Section 263 of the Income Tax Act, 1961, can be invoked where the Assessing Officer (AO) is not able to address the main issue in the assessment order. The bench stated that the problem does not appear to have been addressed by the assessing authority when issuing an order […]
The Madras High Court ruled that an Income Tax Recovery Officer (TRO) must lift attachment orders on a taxpayer’s property once the subject-matter issue has attained finality at the appellate level. The High Court’s decision against a writ petition filed by M/s Sritharani Infraa Developers Pvt. Ltd., impugning an attachment order dated July 15, 2022, […]
The Gujarat High Court recently made an important ruling regarding the payment of statutory interest under the Goods and Services Tax Act, 2017. According to the court’s decision, interest is mandatorily payable on delayed refunds of Integrated Goods and Services Tax (IGST) if the refund is not processed within sixty days from the date it […]
