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The Allahabad High Court, relying on the Supreme Court’s decisions in Vaibhav Goyal & Another vs. Deputy Commissioner of Income Tax & Another, ruled that the claims of the Goods and Services Tax Department are restricted after the approval of the resolution plan by the National Company Law Tribunal (NCLT). In the case of Vaibhav […]
The Gujarat High Court ruled that levying the Integrated Goods and Services Tax (IGST) on ocean freight under a reverse charge mechanism is unconstitutional. As a result, importers are entitled to a refund of the IGST they voluntarily paid, even if this request is made after the usual limitation period. The applicant imports bituminous coal from overseas […]
A recent decision by the Rajasthan High Court has struck down an order related to tax rules in India. The court ruled that just because someone uses money earned abroad to buy land in India, it doesn’t mean that money is automatically subject to Indian taxes. For it to be taxed, it must fall under the specific […]
The Bombay High Court citing CBIC Notification No. 56/2023-Central Tax dated December 28, 2023, which extended the deadline for issuing show cause notices (SCNs) and orders, granted an interim stay on the garnishee notice. The State Tax Officer, Thane Division, Thane (Respondent No. 3) issued a Garnishee GST Notice in Form DRC-13 dated February 14, […]
It was carried by the Delhi High Court that Section 129 of the Central Goods & Services Tax Act, 2017 which relates to the detention, seizure, and release of goods while in transit cannot be invoked for assessing penalties for minor breaches, like incomplete e-way bill. A division bench of Justices Yashwant Varma and Harish […]
The Madras High Court in the case of ignorance of the Goods and services tax (GST) recovery notices along with the hearing notices ordered the pre-deposit of 25% from the Electronic Cash Ledger (ECL) for fresh consideration. The applicant, Sornam Medicals asked for relief from the order on 31.12.2023 furnished via the second respondent, following […]
The Patna High Court in the matter of Raiyan Traders vs. the Assistant Commissioner, the State of Bihar, the Additional Commissioner of State Taxes (Appeals), Patna vide Civil Writ Jurisdiction Case No. 12994 of 2024 dated 06.09.2024, addresses the problem on the existing legal debate on whether the GST pre-deposit for the appeals can get […]
Considering the conflicting views of the Delhi High Court and the Madhya Pradesh High Court, the Apex Court is set to regard the problem of whether the authorities can seize cash u/s 67 of the Central Goods and Services Tax Act, 2017. The development arrived as a bench of Justices PS Narasimha and Sandeep Mehta […]
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 […]
