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Search results for: GST Act

SC's Order in The Case of M/S Sriba Nirman Company vs. The Commissioner (Appeals)

Supreme Court Upholds AP HC Order Confirming 100% GST Penalty for Wilful Suppression

The Supreme Court has upheld the imposition of a 100% GST penalty for wilful suppression of facts arising from the non-filing of monthly GST returns. The Andhra Pradesh High Court previously affirmed the penalty under Section 74 of the CGST Act, finding that failure to file mandatory returns and pay GST constituted wilful suppression with […]

Karnataka HC's Order in The Case of M/s Navayuga Engineering Company Limited vs. Joint Commissioner of Commercial Taxes

Karnataka HC Sets Aside GST Revision, Emphasizes Prior Assessment Requirement

The High Court of Karnataka has overturned a decision made by the Commercial Tax Department regarding Goods and Services Tax (GST). The court stated that the authority responsible for reviewing decisions cannot take action without first following the required procedures for GST assessments. A writ petition contesting a revision order issued via the Joint Commissioner […]

Delhi Hc's Order In The Case of M/S A V Metals Marketing PVT LTD vs. Principal Commissioner CGST and ANR

Delhi HC Pulls Up GST Dept Over Wrong Financial Years, Due Dates in SCN Notice

The Delhi High Court instructed the GST Department to ensure accuracy when specifying the financial year and other relevant dates in the show cause notices and orders issued to taxpayers. A division bench of Justices Prathiba M. Singh and Renu Bhatnagar cautioned for the case where the authority accidentally cited the deadline for filing the […]

SC's Order in the Case of The State of Karnataka vs. Taghar Vasudeva Ambrish

SC: GST Exempt for Residential Premises Leased as Hostels for Students and Professionals

As per the Supreme Court, no GST is to be charged on leasing out residential premises to an entity that is using it as a hostel for students and working professionals. The verdict of the Karnataka High Court has been kept by a bench of justices JB Pardiwala and KV Viswanathan, which stated that leasing […]

Karnataka HC's Order In The Case of SRI J Ramesh Chand vs. Union of India

Karnataka HC Raps GST Authorities, Directs ₹10 Crore Refund for Coercive Recovery

The Karnataka High Court has ordered the refund of a Rs 10 crore GST payment made by a businessman in Bengaluru. The court noted that the payment, which the GST authorities claimed was voluntary, was not voluntary. Justice S. R. Krishna Kumar passed an order dated October 13 and made public this week after the […]

Gujarat HC's Order in The Case of Gateway Exim vs. State of Gujarat Through Commissioner of State Tax

GST | Failure to Intimate Personal Hearing Violates Natural Justice; Gujarat HC Quashes Order

The Gujarat High Court has quashed a GST order that had been issued against the entity for failing to intimate the personal hearing, noting that after the issuance of DRC-01, the authority did not provide the date and time of the personal hearing, which was a violation of the principles of natural justice. The court, […]

Calcutta HC's Order in The Case of Shiv Kumar Saraf vs. Principal Chief Commissioner of Income Tax

Calcutta HC: IT Section 153C Proceedings Require Both Incriminating Material and Dual AO Satisfaction

The Calcutta High Court has ruled that proceedings u/s 153C of the Income Tax Act could not be initiated unless incriminating material of the taxpayer is discovered in a search and both the assessing officers (the Assessing Officer of the searched person, along with the Assessing Officer of the person other than the searched person) […]

GST Rationalisation Has Corrected Inverted Duty Structure, Says FM Sitharaman

FM: GST Rate Rationalisation Has Corrected the Inverted Duty Structure for Industries

The Finance Minister Nirmala Sitharaman stated that the Goods and Services Tax (GST) rate rationalisation has rectified the inverted duty structure faced by various industries and ensured that any remaining cases identified by the industry will be addressed. She answered the discussion in the Rajya Sabha concerning the Manipur Goods and Services tax (Second Amendment) […]

Rajasthan HC's Order In the Case of Korfex Industries Pvt. Ltd. vs. State of Rajasthan

Rajasthan HC Dismisses Assessee’s Writ Petition Over Alleged ₹100 Crore Fake GST ITC Claim

The Rajasthan High Court recently rejected a legal appeal from a person who was accused of being involved in a fraudulent scheme related to GST ITC worth ₹100 crore. The court, citing the equity principle that “he who comes into equity must come with clean hands,” denied relief and charged Rs 5 lakh on the […]

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