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Search results for: GST Act

Allahabad HC's Order In Case of M/S Rajshi Processors Raebareli Thru vs State Of U.P. Thru.

Allahabad HC: Wrongfully Claimed ITC U/S 16 from Fake Firms is Not Estopped from Being Challenged by Officials

The council is not estopped from availing a measure against the bogus claim of the ITC only because the firms with which the transactions were alleged to have proceeded were enrolled during alleged transactions, Allahabad HC ruled. Justice Subhash Vidyarthi noted that fraud vitiates the most solemn proceedings and ruled that the I.T.C. benefit had […]

Rajasthan HC's Order In Case of Faruk Rathore Vs Dy. Commissioner, CGST

Rajasthan HC: Imposing Heavy Penalties for E-way Bill Expired by Only 44 Minutes is Unjustified

In a case before the Rajasthan High Court, Faruk Rathore, Proprietor of M/s Hindustan Trading Company, contested the levying of a heavy penalty for a minor offence connected to a lapsed GST e-way bill during transit. The matter underscores the disproportionate penalties imposed under the Central Goods & Services Tax Act, 2017 (CGST Act, 2017). […]

Delhi HC's Order for Charu Overseas PVT. LTD

Didn’t Consider Reply of Assessee: Delhi HC Directs Re-adjudication of Imperfect Order

The Delhi High Court in a ruling asked for the re-adjudication since the same revealed the GST assessment order is flawed. It noted that the proper officer loses to regard the taxpayer’s detailed answer. The applicant impugned order, in which the impugned SCN, asking for the demand of Rs. 44,24,400.00 against the applicant has been […]

Mumbai CESTAT's Order for Kanakia Spaces Reality Pvt. Ltd.

CESTAT Mumbai Permits Refund of Service Tax on Canceled Flat Bookings

The refund of service tax paid on cancelled bookings of flats has been permitted by the Mumbai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT). According to Rule 66E(b)(sic) of the Service Tax Rules, 1994, in construction services, service tax is needed to be filed on the amount obtained from the buyers for […]

Madras High Court's Order for Ramco Cements Limited

Madras HC: Order Handed by Directing to IT Section 144(C)(1) to be Construed Primarily as a Draft Assessment

Madras High Court in a significant ruling, observed that the order passed referring to Section 144(C)(1) of the Income Tax Act, 1961 is to be construed only as a draft assessment order. The petitioner’s case is that the petitioner filed an income return dated 09.03.2022 and subsequently filed revised returns dated 31.03.2022. Since variation in […]

Allahabad HC's Order for Ms Atlas Cycles Haryana Ltd

Allahabad HC: Missing Reply to SCN Can’t Remove the Chances of Personal Hearing U/S 75(4)

Not replying to a show cause notice does not take away the chance for a personal hearing mandated under Section 75(4) of the Uttar Pradesh Goods and Service Tax Act, 2017, Allahabad High Court ruled. Section 75(4) of the UPGST Act furnishes that a chance for a hearing should be provided when asked in writing […]

SC Issues Notice to Center, FM and National Anti Profiteering Authority

SC: Notice to Center, FM and NAA Related to Constitutional Validity of Anti-profiteering Provisions

The Supreme Court issued notices to the Central government, the GST Council, the Central Board of Indirect Taxes and Customs, and others concerning the constitutional validity of anti-profiteering provisions under the goods and services tax (GST). A bench of Chief Justice D.Y. Chandrachud, with Justices J.B. Pardiwala and Manoj Misra, did not issue the prayer […]

Gauhati HC’s Order for M/s Surya Business Private Limited

Gauhati HC Halts Show Cause Notice U/S 73(1) for ITC Reversal Due to Supplier’s Default

The Gauhati High Court has granted the interim stay of Show Cause Notice for the matter of Surya Business Private Limited, asking for the reversal of GST ITC on account of default at the supplier’s end. The bench of Justice Manish Choudhury has noted that the plea contesting the Show Cause Notice pursuing reversal of […]

Allahabad High Court's Order for M/S Veira Electronics Private Limited

Allahabad HC to CBIT, Extension of Time for Appealing Against Order U/S 73 and 74 Can Also Apply to Orders U/S 129, 130

The Central Board of Indirect Taxes, Ministry of Finance to acknowledge extending the advantage of time extension to file a petition under section 107(1) of the Central Goods and Services Act, 2017 to orders passed under Section 129 and Section 130 of the Act, Allahabad High Court rendered. On 2nd November 2023, the Central Board […]

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