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The respected Delhi High Court, in the matter of M/s. Att SYS India Pvt. Ltd. Estex Tele Pvt. Ltd. Consortium v. Commissioner of Goods and Service Tax [W.P. (C) 14494/2023 dated November 20, 2023], granted the writ petition and instructed the Revenue Department to restore the Petitioner’s GST Registration that they have revoked. The court […]
The Calcutta High Court upheld the constitutionality of Section 16(4) of the Central Goods and Services Tax Act, 2017, emphasizing the importance of adhering to time limits for filing Goods and Services Tax Returns over the legal right to claim Input Tax Credit (ITC). The order in appeal on 04.01.2023 is been contested by the […]
On December 13th, 2023, the Central Board of Indirect Taxes and Customs (CBIC) issued a directive instructing officials that the application of section 74(1) of the CGST Act for issuing show cause notices should only occur when investigations reveal concrete evidence of fraud, deliberate misrepresentation, or withholding of facts to avoid tax. Furthermore, this evidence […]
The officers are only permitted to force the assessee to pay the tax if they do not comply with the requisite process, notwithstanding that the same might be apparent that these taxes are left and liable to get paid, Delhi High Court ruled. Justice Vibhu Bakhru and Justice Amit Mahajan highlighted that the statement of […]
The Kerala High Court in the case of Chukkath Krishnan Praveen Vs. The state of Kerala permitted the rectification of GSTR-3B because GST ITC claimed as IGST rather than CGST and SGST. As Per the Official Judgment Ms N S Shamila learned Counsel for the petitioner, and Ms Jasmin M M learned Government Pleader for […]
The Allahabad High Court has ruled that tax cases involving undisputed facts and issues of jurisdiction and breath of natural justice should not be referred to the authorities. The court stated that cases complying with minimum statutory requirements are usually referred to alternative forums for remedies. A bench consisting of Justice Saumitra Dayal Singh and […]
The Kolkata Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has ruled that biscuits can be considered ‘foodstuff’ and thus qualify for the exemption from service tax. The bench, comprising R. Muralidhar (Judicial Member) and K. Anpazhakan (Technical Member), has granted the refund that was initially denied by the adjudicating authority due to […]
The High Court of Madhya Pradesh recently invalidated a show cause notice and demand order given against Raymond Limited, stating that Section 73 of the CGST Act allows the notice a minimum of 30 days to provide a “reasonable opportunity” to respond. Although Section 73 does not specify a time frame for the response, it […]
Divi’s Laboratories Limited, a pharmaceutical company based in Hyderabad, stated on November 16th that it had been issued a demand notice from the Goods and Service Tax (GST) department amounting to ₹164 crore. It also demands interest and penalty charges. According to the company, the notice was released by the office of the commissioner of […]
