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Search results for: High Court's decision

Mumbai ITAT's Order For Sai Sugam Enterprises

ITAT Mumbai: Penalty Notice That Fails To Specify Charge Against An Assessee Is Invalid U/S 274

The assessing officer who has issued a show cause notice under Section 274 read with Section 271(1)(c) of the Income Tax Act,1961 is defective/invalid since the same does not explicitly convey to the taxpayer about the certain fault/charge the taxpayer would have proceeded for impose of penalty, held by the Mumbai Bench of Income Tax […]

Patna HC's Order for M/S Vishwanath Traders

SC & Patna HC: GST Demand Notices Should Be Followed by Small Taxpayers

In a recent case regarding dismissing a writ petition filed by a taxpayer against a GST assessment year, the Supreme Court upheld the move by the Patna High Court. The directive given in the Vishwanath Traders case has significant implications for small and medium-sized enterprises (SMEs), micro, small, and medium enterprises (MSMEs), small business owners, […]

Allahabad HC's Order for M/S M.L. Chains

Allahabad HC: INR 10K Penalty on Tax Authority for Cancellation Earlier Order U/S 263

The Allahabad High Court on Wednesday imposed a fine of Rs. 10,000 on an Income Tax Department officer for not adhering to the natural justice while terminating the previous Assessment Order and initiating fresh proceedings under Section 263 of the Income Tax Act, 1961. The petitioner’s assessment was conducted under Section 143(3) of the Income […]

Delhi HC's Order for Ashish Garg Proprietor Shri Radhey Traders

Cancelling GST Registration Retroactively Without a Valid Reason is Arbitrary

The Delhi High Court’s recent ruling in the case of Ashish Garg, the Proprietor of Shree Radhey Traders Vs the Assistant Commissioner of State Goods and Services Tax (SGST), Delhi Zone-7 Ward-82 in 2023 (7) TMI 1229, established that while the Revenue Department has the authority to cancel GST registration from retrospective date, such action […]

Delhi High Court's Order for M/S. Vikas Enterprise

Delhi HC: Bank Account Freeze Order Under GST Can Give Only Commissioner Not Superintendent

The Delhi High Court in its recent decision in the matter of M/S. Vikas Enterprises Vs. Commissioner of Central Tax (Gst), Delhi North & Anr. [2023 (8) Tmi 239- Delhi High Court], ordered to eliminate debit freeze on a bank account of a taxpayer wherein the directive was given by the superintendent. However, under the […]

Allahabad HC's Order for M/S Desai Brothers Limited Ratanpur

HC: GST Refund Can’t Be Stopped Because Physical Application U/S 54 Has Been Filed

On the grounds of the physical application for the refund under section 54 of the UP Goods and Service Tax Act, 2017 read with Rule 97-A of the UP GST Rules, 2017, the Allahabad High Court recently directed the GST Department to refund the amount. The Department must pay interest on the reimbursement that was […]

Orissa High Court's Order For M/s. Ashish Kumar Kar

Orissa HC: Not Possible to Reject a GST Appeal Due to Non-provision of Certified Copies

The Orissa High Court in a recent ruling clarified that a Goods and Services Tax (GST) appeal cannot be cancelled on non-supply of certified copies. The petitioner, M/s. Ashish Kumar Kar has submitted the writ petition and sought to cancel Form GST APL-02 released by the opposite party no. 2 on 17.05.2022 and the directive […]

Madras High Court's Order for M/s. M.B.M. Steels

Madras HC: Non-Existing Suppliers Can’t be Verified for GST Demand Without Giving Them a Chance to be Heard

In the matter of M/s. M.B.M. Steels vs. The Assistance Commissioner (ST), the Madras High Court stated that if the taxpayer received an inward supply from a non-existent taxpayer, the petitioner should be given an opportunity for a personal hearing before pursuing recovery action. The petitioner is a dealer of hardware and has a GST […]

Delhi High Court's Order for Kritika Agarwal

Delhi HC: No Cancellation of a GSTIN on the Mere Instructions of Different Authority

The High Court of Delhi in the case of Kritika Agarwal Vs. Union of India and ORS. has ruled that GST Number cannot be cancelled just on the grounds of the direction of another authority. The petitioner is primarily aggrieved over her GST Registration cancellation. The petitioner has also requested reimbursement of Rs. 20,00,000 (Rupees […]

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