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Search results for: Supreme Court

Chennai ITAT's Order for Adithya Ferro Alloys Pvt. Limited

ITAT Chennai Rejects Appeal for Late Tax Filing Beyond 8 Years

The Income Tax Appellate Tribunal (ITAT) in Chennai has adjudicated a series of appeals filed by Adithya Ferro Alloys Pvt. Limited against the Commissioner of Income Tax (Appeals)-10, Hyderabad, regarding different quarters of the Assessment Years (AY) 2013-14 & 2014-15. The pleas were concentrated on contesting fees charged under Section 234E of the Income Tax […]

SC Issues Notice to Center, FM and National Anti Profiteering Authority

SC: Notice to Center, FM and NAA Related to Constitutional Validity of Anti-profiteering Provisions

The Supreme Court issued notices to the Central government, the GST Council, the Central Board of Indirect Taxes and Customs, and others concerning the constitutional validity of anti-profiteering provisions under the goods and services tax (GST). A bench of Chief Justice D.Y. Chandrachud, with Justices J.B. Pardiwala and Manoj Misra, did not issue the prayer […]

SC's Order for Vardan Associates Pvt. Ltd.

SC Lowers Tax Penalty to 50% for Transportation of Goods After Expiry of GST E-Way Bill

In the case of Vardan Associates Pvt. Ltd. vs. Assistant Commissioner of State Tax Central Section & Ors, the Supreme Court of India provided a judgment. The case concerns the transportation of goods and the levying of penalties after the expiry of the E-way bill validity. The Court declined the penalty levied on the appellant […]

Calcutta High Court's Order for Sunil Kumar Poddar

Not Updated Shipping Bill Information in GSTR-1, GST Refunds Cannot Be Denied

The Calcutta High Court in a recent statutory development has provided a significant judgment for the case of Sunil Kumar Poddar vs. Additional Commissioner (Appeal) pertinent to the rejection of a Goods and Services Tax (GST) refund. The applicant has been involved in zero-rated goods supply asking for a refund of the unused ITC however […]

Patna High Court's Order for Ramesh Radav

Patna HC Rejects Writ Challenging the GSTIN Cancellation Due to Procedural Errors

A writ petition challenging the cancellation of GST registration by the Union of India is been dismissed by the Patna High Court in its judgment. The applicant, Ramesh Radav, was dissatisfied with the cancellation of registration by an order passed dated 20.01.2021. Applicant’s counsel contended that the show-cause notice for cancellation of registration on 06.01.2021 […]

Allahabad HC's Order for M/S Associated Switch Gears and Projects Ltd

Allahabad HC: GST Authority Can’t Travel Beyond SCN to Levy the Tax Penalty On Assessee

Authorities could not travel beyond the show cause notice to levy the penalty on the taxpayer, Allahabad High Court ruled. The bench comprising Justice Shekhar B. Saraf stated that, “At its core, a show cause notice represents the initial step in an administrative or legal process, wherein an individual or entity is formally apprised of […]

Chennai CESTAT's Order for M/s.Oil and Natural Gas Corporation Ltd

Chennai CESTAT: ONGC Exempted from Service Tax on Payment for Right to Use Natural Resources

The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) recently ruled that Oil and Natural Gas Corporation Ltd. (ONGC) is exempt from service tax liability concerning the payment for the right to utilize natural resources. The bench, comprised of Sulekha Beevi C.S. (Judicial Member) and Vasa Seshagiri Rao (Technical Member), based its […]

Allahabad HC's Order for M/S. Hindustan Herbal Cosmetics

Allahabad HC: Penalty Can’t Be Levied for Typographic Error in GST E-Way Bill

The Allahabad High Court ruled that a minor typographical error in the e-way bill without any other material establishing an intention to evade tax shall not draw a penalty under Section 129 of the Goods and Service Tax Act, 2017. Placing reliance on the decision of Allahabad High Court in M/s. Varun Beverages Limited v. […]

GST Non-payment Cannot Invoke Section 74(1)

A Non-payment of GST Cannot Instigate an Action Under Section 74(1)

Section 74(1) of the Central Goods and Services Tax Act, 2017 states that if the proper officer suspects non-payment, short payment, erroneous refund, or wrongful availing/utilization of input tax credit due to fraud, willful misstatement, or suppression of facts to evade tax, they must serve a notice to the person liable for the unpaid tax […]

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