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In the absence of a valid show cause notice and the denial of an opportunity to be heard, the Bombay High Court has quashed the Goods and Services Tax (GST) refund recovery. Under the GST regime, Power Engineering (India) Pvt. Ltd. is a registered EOU and is in the business of production and export of […]
The Madras High Court, in a ruling, permitted a taxpayer to challenge a Goods and Services Tax demand order, which was validated on the grounds that the GST consultant had losses in furnishing an appropriate response with proof. M/s.Star Brand Enterprises, the applicant who is a trader in cashew kernels, raisins, and toor dal, had […]
The Delhi High Court has expressed concerns about the misuse of Section 16 of the CGST Act, 2017. Many traders have been taking advantage of this provision to wrongfully claim input tax credits, which is not permitted. This situation has raised alarms regarding fairness and legality in tax practices. Through the provisions, the businesses are […]
The Delhi High Court has strongly criticised the recurring trend of individuals who either fraudulently claimed Input Tax Credit (ITC) or facilitated such claims, and then sought to challenge penalty orders under Section 74 of the CGST Act, 2017, by misusing the Court’s writ jurisdiction on technical grounds. A division bench of Justices Prathiba M. […]
The Delhi High Court overturned an IGST demand on IndiGo’s reimported aircraft parts, acknowledging that these parts had already been subject to tax as an imported service. Taxpayer, Interglobe Aviation Ltd, was in the transportation of passengers and goods by air, sending goods for repair to Maintenance, Repair, and Overhaul (MRO) service providers outside India. […]
The Delhi High Court, in its ruling, upheld a ₹35 lakh GST demand raised against Vijay and Company, rejecting the applicant’s appeal to quash the adjudication order passed under Section 73 of the CGST/DGST Act. As evidence, the court relied on the DRC-06 forms, noting that the taxpayer had been given sufficient opportunity to respond […]
The Allahabad High Court recently cancelled a tax assessment and subsequent decisions made against a company. This action was taken because the tax authorities had failed to properly notify the company before making the assessment, which is required by law. M/S Xestion Advisor Private Limited, the applicant’s company, is in the management consultancy services approach […]
The Allahabad High Court noted that while conducting verification, the authority cited the details of the goods found and verified the accuracy of the invoices and goods in transit. It ruled that the authority cannot later change its position and claim that the goods did not match the invoice. Justice Piyush Agrawal Ruled That “Once […]
Under Section 75(6) of the Goods and Services Tax Act, 2017, an order must be self-contained, and a mere reference to earlier show cause notices is not adequate, the Allahabad High Court ruled. Section 75 of the GST Act is a general provision pertinent to the determination of tax. Section 75(6) of the GST Act […]
