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Search results for: GST Act

WB GST AAR's Order for Dredging and Desiltation Company Private Limited

WB AAR: Service of Removing the Dredging Hump is Not Subjected to GST

In the case of In Re. Dredging and Desiltation Company (P.) (Ltd.) [Order No. 25/WBAAR/2023-24 on December 20, 2023] the West Bengal AAR, governed that, no tax is chargeable toward the supply of service of removal of hump by dredging to the Government as the supply of aforementioned service is waived from imposing the GST […]

Allahabad HC's Order for M/S Mansoori Enterprises

Allahabad HC: Order Over INR 10 Lakh Can’t be Passed by the GST & CE Superintendent

The order by the GST and Central Excise Superintendent for lack of jurisdiction is been quashed by the Lucknow bench of Allahabad High Court. The bench of Justice Alok Mathur sees that as per the circular, February 9, 2018 issued by the Government of India, Ministry of Finance, and Department of Revenue, the power of […]

Allahabad HC’s Order for M/S Akhilesh Traders

Allahabad HC: GST Invoice and E-way Bill Generation After Detention Can’t Save from Penalty

The Allahabad High Court ruled that the absence of tax invoices and/or e-way bills during interception and their next production does not forgive the taxpayer from the obligation of penalty under the Goods and Service Tax Act. “Production of these documents after the interception cannot absolve the petitioner from the liability of penalty as the […]

Allahabad HC's Order for M/S Indeutsch Industries Private Limited

Allahabad HC: Just One Typographical Error Does Not Justify Imposing a Penalty Under GST

In a recent ruling, the Allahabad High Court noted that a single typographical error in an e-way bill cannot be a sufficient justification to impose a penalty. The judgment came in the case of Indeutsch Industries Private Limited Vs State of U.P. And 2 Other. A writ petition was filed by Indeutsch Industries Private Limited […]

Delhi HC's Order for M/s Dashmesh Wires and Cables (India)

Delhi HC: GSTIN Cancellation Must Be Stay from Biz Discontinuation Date, Not Deemed Retrospectively

As a taxpayer has not filed the GST returns for a certain duration does not imply that the registration of the assesses is required to be cancelled with a retrospective date also covering the period when the returns were filed and the assessee was compliant, Justices Sanjeev Sachdeva and Ravindra Dudeja noted. The Delhi High […]

Kerala HC's Order for Carpenters Classics India Pvt. Ltd.

Kerala HC: Legal Detention of Goods, Adherence to Rule 138A Under GST Confirmed

The Kerala High Court in a ruling addressed the legal dispute between Carpenters Classics India Pvt. Ltd. and the Assistant State Tax Officer, concentrating on the complexity of GST compliance and the procedural necessities for the transportation of goods across state lines. This case specifies the enforcement of GST regulations, the business’s responsibilities in generating […]

Delhi High Court's Order for Federal Bank Ltd.

Delhi HC Quashes GST Order Against Federal Bank as No Opportunity Given to Reply SCN

The Delhi High Court set aside the order and Show Cause Notice concerning Federal Bank Ltd alleging an illegal Input Tax Credit ( ITC ) Claim. The Goods and Service Tax (GST) order was issued without furnishing sufficient chance to answer the SCN. order dated 27.12.2023, whereby the SCN on 23.09.2023, offering a demand against […]

AP GST AAR's Order for Ms Sarala Foods Private Limited

AP AAR Applies GST on rice bags up to 25 KG When Exporting to Buyers Abroad

GST shall be assessed on the export of pre-packaged and labelled rice up to 25 kg to foreign buyers, Andhra Pradesh Authority of Advance Ruling (AAR) held. The bench of K. Ravi Sankar and B. Lakshmi Narayana noted that the ultimate buyer is away and the commodity is being pre-packed for an unknown ultimate buyer. […]

Madras HC's Order for K.S.Janarthanam

Madras HC: GST Section 73 Restricts 100% Penalty on Assessee If SCN is Issued

The Hon’ble Madras High Court in the case of K.S. Janarthanam v. Deputy State Tax Officer [W.P. No. 1848 of 2024 on January 31, 2024] disposed of the writ petition, hence holding that, a 100 per cent penalty could not get levied if an SCN is issued under Section 73 of Tamil Nadu Goods and […]

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