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Rajasthan HC's Order for Rais Khan Proprietor of M/s. Kota Metals

Rajasthan HC: The CGST Act States in Section 6(2)(b) That Summons Do Not Imply Commencement of Proceedings

The Rajasthan High Court, Jaipur Bench, ruled that issuance of summons is not initiation of proceedings referable to under Section 6(2)(b) of the CGST Act. The bench of Justice Pankaj Bhandari and Justice Shubha Mehta noted that the extent of Section 6(2)(b) and Section 70 of the CGST Act is different and distinct, since the […]

Mumbai ITAT Order for Meyer Organics Pvt Ltd

Mumbai ITAT Directs Authority to Delete Penalty U/S 271(1)(c) for Bona Fide Mistakes 

In the matter of Meyer Organics Pvt. Ltd. vs. DCIT, the Mumbai Income Tax Appellate Tribunal (ITAT) furnished an important decision for levying the penalties under section 271(1)(c) of the Income Tax Act. The ruling of the tribunal is on the correction of bona fide glitches in the original return in the assessment proceedings. Detailed […]

Delhi ITAT's Order for Asha Modern Educational Society

Delhi ITAT Directs the Revenue Authorities to Permit the Exemption Benefit to the Assessee U/S 11 & 12

The Revenue Authorities needed to tax the correct person accurately and will not disallow the eligible deductions on mere technicalities, New Delhi ITAT stressed. The Bench of M. Balaganesh (Accountant Member) and Yogesh Kumar U.S (Judicial Member) followed that “the Revenue has rejected the plea of the Assessee based on mere technicalities and it is […]

GST Issues Related to Section 16(4)

APTPCA Requests FM to Resolve Issues Creating By GST Section 16(4)

Mopidevi Venkata Ramana Rao, former Minister of Andhra Pradesh and current Member of Parliament, addresses a critical problem troubling businesses in India. In a letter to Hon’ble Finance Minister Nirmala Sitaraman, he advocates for the resolution of challenges surrounding Section 16(4) of the Goods and Services Tax Act, 2017. The Andhra Pradesh Tax Practitioners and […]

Madras HC’s Order for M/s.Sri Sasthaa Constructions

Madras HC Instructs AO to Permit Credit of Purchase Tax Paid Under TNGST Act, 2017

The Madras High Court ruled the Assessing Officer (AO) to permit the transitional credit of purchase tax paid under Section 140 of the TNGST Act, 2017, if the applicant had paid “purchase tax” under Section 12(1) of the TNVAT Act. The bench of Justice C. Saravanan noted that the applicant deserves an opportunity to safeguard […]

Gujarat HC's Order for Real Prince Spintex Pvt. Ltd.

Gujarat HC Issues Direction to GST Authorities for Complying Court Orders Regarding IGST Refund

The decision of the Gujarat High Court, on a special civil application, while highlighting the binding nature of its directions on respondent authorities, remarked that once the Court furnishes the directions, it holds authority over the respondent authorities, and therefore, the respondent authorities are liable to comply with the directions that the Court issues when […]

Delhi High Court Order for Raghav Arora

Delhi HC: GSTIN Can’t be Cancelled If Not Filed GST Returns for Some Timeframe

The Delhi High Court ruled that GST registration could not get cancelled just because an assessee does not file returns for a certain duration. The Petitioner stopped the business on the father’s demise. The retrospective cancellation of the registration consequence in the rejection of the ITC for a particular duration. Raghav Arora, the applicant contested […]

Gauhati High Court's Order for Mohan Singh

Gauhati HC: Not Permissible Similar Proceedings in Respect Under CGST/SGST of the Same Period

The two parallel proceedings towards the same period are not permissible under the CGST/SGST Act, Gauhati High Court ruled. Section 6 of the CGST/SGST Act, specifically Section 6(2), suggests that once a proceeding is started in either of the two Acts, another proceeding for the same period under the other Act cannot be initiated, the […]

Madras HC's Order for M/s.Global Calcium Private Limited

Madras HC: First Consider Relevant Elevants Before Passing a GST Order U/S 73

In the case of Global Calcium (P.) Ltd. v. Assistant Commissioner (ST) [Writ Petition No. 170 of 2024 dated February 01, 2024], the Hon’ble Madras High Court ruled that the Assessing Officer should acknowledge the pertinent elements before passing any order. Thus, the case was remanded back to the Assessing Officer. Facts About Global Calcium […]

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