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Search results for: High Court's decision

Madras HC's Order for M/s Parle Agro Pvt. Ltd.

Madras HC: GST Council Does Not Have Authority to Classification of Flavoured Milk, 5% Slab Applicable

The Madras High Court ruled that the GST Council doesn’t have the authority to determine the classification of flavoured milk while providing relief to Parle Agro regarding its taxability. In a recent judgment, a single judge bench declared that flavoured milk should be subject to a 5 percent GST rate. This contrasts with the GST […]

Recent High Court Cases Regarding Belated GST Return Filing

An Analysis of Court Cases on Belated GST Return Filing

The Indian government enacted the Goods and Services Tax Act on March 29, 2017, which took effect on July 1 of the same year. This act stands as the singular domestic indirect tax law applicable across the country, known as the Goods and Services Tax (GST). GST is a comprehensive tax imposed on both goods […]

MP HC's Order for Jhansi Baran Pathways Pvt. Ltd

MP HC Removes Reassessment Proceedings Under 148A(D) For Amalgamated Entity

The reassessment proceedings executed against the non-existent/amalgamated entity under Section 148 A of the Income Tax Act have been cancelled by the Madhya Pradesh High Court stating that despite being available the other remedy has no bearing on the same cases when the entity has stopped to exist under the amalgamation. There is no independent […]

Delhi High Court's Order for Mehra Jewel Palace Pvt. Ltd.

Delhi HC Allows Assessee To Adduce More Evidence on Work Profile, Qualifications To Avoid I-T Section 40A(2) Discrimination

The Delhi High Court has allowed the taxpayer an opportunity to present suitable evidence—whether in the form of documents or otherwise—to the Assessing Officer. This evidence aims to substantiate the claims made regarding educational qualifications, professional experience, job roles, and specifically the responsibilities carried out by the individuals in question. This is crucial to support […]

Gujarat High Court's Order for KGY Glass Industries (P) Ltd

Technical Issues Prevent 10-IC Form on ITBA Portal, Gujarat HC Grants Concessional Tax Benefit U/S 115BAA

The Gujarat High Court has granted the benefit of concessional tax under Section 115BAA of the Income Tax Act due to the inability to upload Form No.10-IC on the Income Tax Business Application (ITBA) portal owing to technical glitches. Justices Biren Vaishnav and Mauna M. Bhatt noted that the assessee provided Form 10-IC on January […]

Supreme Court's Order for M/S Tirumala Constructions

SC: State-Made Modifications to VAT Are Invalid After GST Implementation

A Division Bench of the Supreme Court recently rendered a significant decision on appeals arising from judgments of the Telangana, Gujarat, and Bombay High Courts. These appeals concerned the validity of the VAT Amendment Act in their respective states, particularly in the context of Section 19 of the Constitution (101st Amendment) Act of 2016. This […]

Industry Wants GST Product Categorisation of Namkeen and Snacks

Namkeen and Snacks Manufacturers Seek Clarity Regarding GST Classification

The current uncertainty about the categorization of Snacks and Namkeens for Goods and Services Tax (GST) rates is once again causing confusion. The snacks industry is now seeking absolute consideration from the government regarding the status of namkeens, fryums, and snacks, following a series of notices issued by the Directorate General of GST Intelligence (DGGI), […]

Allahabad HC's Order for Malik Traders

Allahabad HC: For Claiming GST Credit, Petitioner Must Prove the Transaction’s Genuineness Beyond Any Doubt

The Allahabad High Court’s recent ruling stipulates that an assessee is ineligible to claim input tax credit unless they successfully demonstrate unambiguous proof of the actual transaction and the physical movement of goods. Referring to Sections 16 and 74 of the UP Goods and Service Tax Act, 2017, Justice Piyush Agrawal stated that “it is […]

Allahabad High Court's Order For M/S Vidya Coal Depot

Allahabad HC Orders to Reinstate Petitioner’s GST Registration, Only Possible U/S 29, Read with Rule 21

The Allahabad High Court has reaffirmed that the cancellation of GST registration can solely occur under the provisions of Section 29 of the Goods and Service Tax Act, 2017 in conjunction with Rule 21 of the GST Rules, 2017. When it comes to the process of cancelling GST registration, no assistance or guidance should be […]

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