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Search results for: High Court's decision

Gujarat High Court's Order for Om Trading

Gujarat HC: GST Reg. Cancellation Order is Invalid Without Any Specifying Reason

In a recent ruling, the Gujarat High Court said that the rejection instruction of Goods and Service Tax registration without giving the reason is inaccurate. Mr Pranav Trivedi and Mr Uchit Sheth were the counsel for the respondent and the petitioner respectively. The petitioner, Om Trading, operates the business of trading in base oil. He […]

Kerala HC's Order for Penuel Nexus Pvt. Ltd.

Kerala HC: GST Section 107 Manages Inbuilt Mechanism and Exempts Limitation Act from Application

Section 107 of the CGST Act would be the inbuilt procedure and would exclude the application of the limitation act, the Kerala High Court ruled. The act of limitation shall be subjected to be applied merely when the same would get extended to a certain law, the bench of Justice C.S Dias witnessed. The provisions […]

Rajasthan HC’S Order for Sodhani Sweets Private Limited

Anxiety That GST Officials Would Not Take Into Account, HC Ignores Writ Petition

The Rajasthan High Court’s Division Bench has dismissed a writ petition filed by Sodhani Sweets Private Limited, expressing concerns that the GST authorities do not take into consideration their reply filed by them. The respondent authorities, in this case, include the Joint Commissioner of the Goods and Service Tax Council (GST Council), represented by its […]

Gujarat HC'S Order for Munjaal Manishbhai Bhatt

Gujarat HC Rules That GST Only Payable on Construction Cost Instead Land Cost

Providing great relief to property buyers, the Gujarat High Court has ruled stating that the costs associated with land are not subject to Goods and Services Tax (GST). The court clarified that only the expenses involved in construction are taxable. According to the observation of the bench of Justice J.B. Pardiwala and Justice Nisha M. […]

No Clarity in the Case of GST on Intermediaries

Bombay HC: No Clarity on GST Intermediaries Matter After 2 Rounds

The Bombay High Court ruled that the state could not impose the GST on goods and services furnished via intermediaries to its foreign customers. However, while the requirements of the Integrated GST Act have been maintained, experts are unsure whether the Integrated Goods and Services Tax may be applied to these transactions. An intermediary would […]

Allahabad High Court's Order for M/S Swati Poly Industries Pvt Ltd

Allahabad HC Cancels Order Passed U/S 75(4) Without Hearing Opportunity to Petitioner

For this particular case, the Allahabad high court ruled that section 75(4) of the Uttar Pradesh Goods and Service Tax Act would be obligatory despite when there is no demand in writing for the hearing would have incurred. Hence the bench cancelled the order issued without providing the chance of hearing to the applicant. Upon […]

Delhi HC Suggestion for Restaurant Owners

Delhi HC Directs Restaurant Owners Not to Fool By Adding Service Charge On Menu

On Wednesday, the Delhi High Court issued an order prohibiting restaurant operators from misrepresenting to customers that the court has finally approved the service charge by including the court’s interim ruling about a service charge on their menu cards or display boards. The charge did not appear to be a tax, therefore the court requested […]

Calcutta HC'S Order M/s. LCL Logistix India Pvt. Ltd.

Calcutta HC Rejects Tax Demand Order As Ocean Freight Out from GST Ambit

A service tax demand for Rs. 28 crores was released by a single bench of the Calcutta High Court after learning that GST can’t be imposed on ocean freight. The operator of multimodal transportation, M/s. LCL Logistics India Pvt. Ltd., filed the petition. On ocean freight charges collected from exporters, with the interest and penalties […]

Delhi High Court's Order for Sakshi Bahl

Delhi HC: Bank Account Attachment Should Only Be done If Case Comes U/S 83

The Delhi High Court has ruled that linking bank accounts is a drastic step. The process can only come into existence if the conditions are met according to Section 83 of the GST Act. The bench, comprising Justice Vibhu Bakhru and Justice Amit Mahajan, has learned that the department is not permitted to attach another […]

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