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Search results for: GST Act

Allahabad High Court's Order for Akbar Ali Transport Services

Allahabad HC: Seizing Vehicles Without Notice, Transporting Services Affects the Civil Rights of Transporters Since Trucks are Capital Assets

The Allahabad High Court ruled that seizing a vehicle transporting goods without prior notice infringes upon the civil rights of the transporter, considering the truck as the essential capital asset of the transporter. The petitioner is displeased with the confiscation of their vehicle, and the legal proceedings have been initiated under Section 129 of the […]

Kerala High Court's Order for TJ Vinod

Registration Application Rejection U/S 12A: Kerala HC Orders Assessee to Appear Before IT Commissioner

TJ Vinod, the assessee, has been directed by the Kerala High Court to appear before the Commissioner of Income Tax regarding the rejection of their application for registration under Section 12A of the Income Tax Act, 1961. In the present writ petition, the petitioner seeks to challenge the order dated 18.9.2023. This order rejected the […]

Punjab and Haryana High Court's Order for M/s. Deepak Sales Corporation

PB & HR HC: Penalty Couldn’t be Charged, If Credit was Obtained in Error But Not Used

The Punjab and Haryana High Court, in the matter of M/s. Deepak Sales Corporation v. Union of India [CWP No. 283 of 2023 dated September 21, 2023], has passed a writ petition appeal. The court ruled that the demand for interest and fine cannot be sustained if the inaccurately claimed credit is reversed and the […]

Gujarat GST Dept Sends 20K Notices to Developers Regarding Expenses

Gujarat Govt Sends Out 20K Notices to Real Estate Developers Seeking Clarification

Recently, the State GST department sent out almost 20,000 notifications to a range of taxpayers from different industries, concentrating primarily on real estate developers, requesting explanations regarding their expenses during the 2017–18 fiscal year. GST authorities claim that this scrutiny is a result of the lack of a reliable mechanism to track suppliers’ compliance with […]

Kerala HC's Order for Goparaj Gopalakrishnan Pillai

Kerala HC: Extra Credit Claimed in R-3B Not Reflected in R-2A, Can’t Be a Valid Reason for Disallowing the Claim of ITC

In a recent legal case, the Kerala High Court ruled in favour of the petitioner, Goparaj Gopalakrishnan Pillai, by stating that the excess Input Tax Credit (ITC) claimed in Form GST-3B, which was not reflected in GSTR-2A, should not be a reason for denying the right to claim Input Tax Credit (ITC). Mr Pillai, a […]

4 Common Mistakes to Avoid After Reading July 2023 Circulars

4 Mistakes to Avoid When Considering July 2023 Circulars

This summary highlights four important circulars issued in July 2023 regarding tax compliance. The first circular addresses the reconciliation of Input Tax Credit (ITC) between GSTR-3B and GSTR-2A, outlining how changes in rules have impacted ITC claims. The second circular discusses refund-related issues, clarifying that refunds are now limited to the ITC amount shown in […]

SC's Notice In Case B/W Madras Tax Bar vs. Union of India

SC Releases Fresh Notice in Case of Madras Tax Bar vs. Union of India

Towards the petition that the Madras Tax Bar filed contesting the constitutional validity of sections 149 and 150 of the Finance Act of 2023, the Supreme Court has furnished the notice that asks for the substitute of sections 109 and 110 of the Central Goods and Services Tax Act of 2017. The specific areas under […]

Patna High Court's Order for M/s Narayani Industry

Patna HC: Delay Condonation Periods Can’t be Extend by Appellate Authorities Or Under Article 226

The Patna High Court has made an important decision regarding the constraints of Article 226 of the Indian Constitution in cases related to the Bihar Goods and Services Tax Act, 2017 (BGST). According to the court’s ruling, if a law specifies a particular time period for allowing delays, the Appellate Authority under Article 226 cannot […]

Allahabad HC's Order for M/S Bhawani Traders

Allahabad HC Deletes Penalty U/S 129(1)(b), Not Acceptable to Consider Goods Untraceable in Transit

The penalty order issued in Form MOU-09 under Section 129(1)(b) of the Goods and Services Tax Act, 2017 was cancelled by the Allahabad High Court considering the commodities in transit were accompanied by the tax invoice, e-way bill, and bilty. The bench of Justice Pritinker Diwaker and Justice Ashutosh Srivastava relied on the Allahabad High […]

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