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The Allahabad High Court has invalidated a demand of Rs. 235.52 Crores imposed on Vivo Mobile India Private Limited by GST Authorities through an order under Section 74(9) of the Goods and Service Tax Act 2017. In a ruling issued by the bench consisting of Justices Saumitra Dayal Singh and Vinod Diwakar, Vivo Mobile was […]
The Allahabad High Court has determined that the premium paid for land allocated for hospitals under leases extending for 30 years or more is considered an “amount paid upfront” and is therefore exempt from Goods and Service Tax. In a ruling that nullified the demand letter sent by the Yamuna Expressway Industrial Development Authority to […]
The Honorable Delhi High Court, in the matter of M/s. Indian Herbal Store Pvt. Ltd. vs. Union of India [W.P.(C) 9908/2021 and W.P.(C) 9912/2021 dated September 15, 2023], granted the writ petition and ruled that Rule 89(4)(C) of the Central Goods and Services Rules, 2017 (“the CGST Rules”) should not be applied retrospectively. The Honorable […]
In this post, we have discussed the recent GST changes effective from the 1st of October 2023. Sections 137 to 162 of the Finance Act, 2023 (the FA,2023) (except Sections 149 to 154) wef October 01, 2023 vide Notification no. 28/2023-Central Tax dated July 31, 2023. From August 01, 2023 Sections 149 to 154 of […]
The Hon’ble Madras High Court has set aside the order issued by the Adjudicating Authority in the case of M/s. Sri Renga Timbers v. The Assistant Commissioner (ST) (FAC) [W.P. No. 22854 of 2023, August 17, 2023]. The court affirmed that legally availed credit cannot be refused, even if there were errors committed twice in […]
The Kerala High Court invalidated the intimation order issued under the Income Tax Act, 1961 regarding the imposition of late fees under Section 234E of the Income Tax Act, 1961 for the delayed submission of previous Tax Deducted at Source (TDS) returns. The petitioner, Sutheepan Sowmini, contested the notice related to the late fees imposed […]
At the time of furnishing the essential clarifications for the assessments that are conducted under the Income Tax Act 1961, the Patna High Court said that these assessments should not be arbitrary and must laid on the material proof found at the time of investigation. The division bench of Chief Justice K Vinod Chandran and […]
The Patna High Court has made an important decision regarding the constraints of Article 226 of the Indian Constitution in cases related to the Bihar Goods and Services Tax Act, 2017 (BGST). According to the court’s ruling, if a law specifies a particular time period for allowing delays, the Appellate Authority under Article 226 cannot […]
In the case of Koduvayur Constructions vs. the Assistant Commissioner-Works Contract, State GST Department Kerala, and the Deputy Commissioner of State (Arrear Recovery) – 2023 (8) TMI 834, the honourable Kerala High Court ruled out a decision. The Hon’ble court held that the petitioner, M/s. Koduvayur Constructions, a registered dealer under the Central Goods and […]
