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Search results for: GST Act

Bombay HC's Order in The Case of M/S Shrinivasa Realcon Private Ltd. vs. Deputy Commissioner Anti

Bombay HC (Nagpur Bench): No GST Payable on Transfer of Land Development Rights/FSI

The Nagpur Bench of the Bombay High Court stated that no Goods and Services Tax (GST) is applicable on services provided through the transfer of land development rights or Floor Space Index (FSI). It was noted by the bench of Justice Avinash G. Gharote and Justice Abhay J. Mantri that the TDR / FSI as […]

Allahabad HC's Order in the Case of Amit Kumar Sethia (Deceased) V/S State of U.P. and another

Allahabad High Court: GST Demand Against Deceased Person Not Permissible U/S 93

The Allahabad High Court has decided that Section 93 of the GST Act of 2017 does not allow tax authorities to charge taxes to someone who has passed away or to collect those taxes from their family or legal representatives. Section 93 of the Goods and Services Tax Act, 2017, outlines the obligation to file […]

Kerala HC's Order in The Case of ST. Antony Trading and Transport Pvt. Limited Vellara House vs. Joint Commissioner (Appeals)

Kerala High Court: GST Appellate Authority Must Decide Appeals on Merits, Even in Appellant’s Absence

Under the Central Goods and Services Tax Act (CGST Act 2017), the Kerala High Court has ruled that an appellate authority is required to consider the merits of an appeal even when there is no appearance on behalf of the appellant. It was mentioned by the court that the order is required to be passed […]

Himachal Pradesh HC's Order in The Case of M/s Deluxe Enterprises vs. Income Tax Officer

Himachal Pradesh HC Quashes Assessment Over Invalid Jurisdiction Transfer U/S 127 of Income Tax Act

The High Court of Himachal Pradesh has cancelled an assessment order issued by an officer in Baddi for the financial year 2009–2010. The court decided that the process for changing jurisdiction was not followed correctly, as required under section 127 of the Income Tax Act of 1961. Deluxe Enterprises, founded by Mr. Vivek Bhalla in 1997, is […]

GST on Apartment Maintenance: Existing Rule Since 2019

Govt Officials: GST on Apartment Maintenance Isn’t a New Levy

In between the rising troubles and confusion among apartment residents, government officials cited that the Goods and Services Tax (GST) on apartment maintenance charges is not a new law. It is the current law that has been in place since 2019, and they kept it. The clarification has arrived as housing societies in the nation […]

Kerala HC's Order in The Case of M/s. Annoor Dental College Perumattom vs. State of Kerala

Kerala HC: College Canteen Run by Trust Liable for Registration under KVAT Act, 2003

The Kerala High Court ruled that a college providing food through its canteen, despite being managed by an educational trust, must register under the KVAT Act. From the taxpayer, the bench does not agree that even if it is presumed that the sales in the canteen are discoverable to be assessable under the provisions of the […]

Allahabad HC's Order In Case of M/s Hindustan Pipes Sales vs. State of U.P.

GST Notice Uploaded Under Wrong Tab: Allahabad HC Allows Fresh Assessment Notice

The High Court of Allahabad has cancelled a GST demand order after discovering that important notices were posted in the wrong section of the Goods and Services Tax (GST) website. Because these notices were listed under ‘Additional Notices and Orders’ instead of the proper section labelled ‘Due Notices and Orders,’ the applicant was unable to […]

Kerala HC's Order in The Case of M/s Tabasco Hindustan Infra Developers Private Limited vs. The Assistant Commissioner of Central Tax and Central

Kerala HC Upholds GST Penalty U/S 74, Cites Delay and No Jurisdictional Error

The High Court of Kerala has rejected a legal request that questioned a penalty under section 74 of the CGST Act, 2017. This penalty was given under a specific section of the laws governing GST. The court observed that the reasons provided by the petitioner, such as delays and issues with authority, were not valid […]

Allahabad HC's Order In Case of Surender Gupta vs. Appellate Authority State GST / Additional Commissioner Grade-Ii

Allahabad HC Orders NOIDA Authority to Refund ₹19.22 Lakh GST Penalty to Petitioner

The Allahabad High Court asked the New Okhla Industrial Development Authority (NOIDA) to compensate the taxpayer Rs. 19,22,778, which was charged to the taxpayer as tax and penalty in proceedings u/s 73 of the Goods and Services Tax Act, 2017. The petitioner gives his property on rent in Gautam Budh Nagar(Noida). The rent received from […]

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