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Orissa HC's Order in The Case of Shivananda Ray vs. Principal Commissioner CGST and Central Excise Bhubaneswar and Others

No GST or Service Tax Levy on Independent Lawyers: Orissa HC Cautions Tax Authorities

The Orissa High Court reminded tax authorities not to harass practising lawyers with notices regarding GST and service tax levies. Consequently, Chief Justice Harish Tandon and Justice B.P. Routray set aside the notices issued to a Bhubaneswar-based lawyer, which demanded service tax of ₹2,14,600 along with a penalty of ₹2,34,600 and applicable interest. It noted […]

Allahabad HC's Order In Case of M/s B M Computers vs. Commissioner Commercial Taxes

Allahabad HC: Downloading GST E-Way Bill, Including Part-B, Mandatory for Goods Transactions After April 2018

The Allahabad High Court stated that taxpayers must download the complete GST E-way Bill, including Part B, for transactions conducted after April 2018. In M/s. Varun Beverages Limited vs. State of U.P. and 2 others, M/s. Falguni Steels vs. State of U.P. and others, and others, Justice Rohit Ranjan Agarwal, determining the earlier ruling of […]

Allahabad HC's Order In the Case of M/s Hari Shanker Transport V/S Commissioner of Commercial Tax U.P., Lucknow and Another

Allahabad High Court: GST Orders U/S 75(6) Must Be Self-Contained, Not Just Refer SCNs

Under Section 75(6) of the Goods and Services Tax Act, 2017, an order must be self-contained, and a mere reference to earlier show cause notices is not adequate, the Allahabad High Court ruled. Section 75 of the GST Act is a general provision pertinent to the determination of tax. Section 75(6) of the GST Act […]

Uttarakhand HC's Order In Case of Horizon Packs Pvt. Ltd. V/S Union Of India

Uttarakhand HC Quashes GST Order for Exceeding Show Cause Notice Amount

The Uttarakhand High Court, under Section 73(9) of the Uttarakhand Goods and Services Tax Act, 2017, addressed a petition filed by a company contesting an order demanding ₹91,95,708 as tax, interest, and penalty. The discrepancy between the demand in the final order and the amount stipulated in the initial show cause notice (Form GST DRC-01) […]

Allahabad HC's Order In Case of M/s Arena Superstructures Private Limited vs. Union of India

Allahabad High Court: No GST Recovery After NCLT Clears Resolution Plan

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 […]

Delhi HC's Order in The Case of M/s Brijbihari Concast Pvt. Ltd. Vs. Directorate General of GST Intelligence

Delhi High Court: GST Body Can’t Freeze Entire Bank Account During Tax Proceedings

The Delhi High Court has directed the GST (Goods and Services Tax) department not to prejudice the taxpayer’s business, which is engaged in the manufacturing of mild steel products, by attaching its entire bank account pending adjudication of ₹15.09 crores in tax evasion proceedings. It was noted by the division bench of Justices Prathiba M. […]

Delhi HC's Order In The Case of Bhavna Luthra L/H Of Sh. Narain Das Luthra, Proprietor Of M/S. Hunny Enterprises V/S Assistant Commissioner

Delhi HC Voices Concern Over Widow’s Struggle for GST Refund from Deceased Husband’s Firm

The Delhi High Court has recorded the ‘harrowing experience‘ of a widow being required to seek a GST refund from the tax department. The firm’s GST registration, owned by her now deceased husband, was cancelled on his death. Though his widow asked for a refund of Rs 10,45,793 in the electronic cash ledger of the […]

Delhi HC's Order in The Case of Ms Stesalit Limited & Anr Vs Union of India & Ors.

18% or 28% GST on Roof-Mounted Railway Air Conditioners: Delhi HC to Decide Soon

A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta specified that the above-mentioned AC units shall be categorised under HSN 8415 and not HSN 8607. They are hearing a petition filed by the railways and aerospace technology company StesaLIT Limited, contesting a GST Circular issued by the Union Finance Ministry in 2024. […]

Kerala HC's Order In The Case of Falcon Synergy Engineering Pvt. Ltd. V/S Assistant State Tax Officer & Others

Kerala HC: Hearing Opportunity Was Given; Not Availing It Doesn’t Invalidate GST Order

The Kerala High Court dismissed the petition against the Central Goods and Services Tax (CGST) order, stating that the inability to utilise an allotted opportunity is not equivalent to the denial of an opportunity to be heard. The applicant, Falcon Synergy Engineering Private Limited, has contested the order issued on 08.08.2024 under section 73(9) of […]

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