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View and comment on the tax updates on a single page
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Justice should never get sidelined by Mere technicalities - CESTAT Halts Legali…
CESTAT overturns the Commissioner (Appeals) Central Goods & Services Tax, Noida's decision, emphasizing justice over a 23-day delay in appeal filing. Drawing from Supreme Court and Madras High Court precedents, CESTAT underscores the importance of s…
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CESTAT Rules Building Construction with Material as 'Works Contract Service'
The Ahmedabad bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has clarified that the service of construction of new buildings or civil structures, when provided with material, falls under the category of 'works contract serv…
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ITC Claims on Demonstration Vehicles: A GST Perspective
The GST AAR Telangana has provided clarity on the eligibility of availing input tax credit (ITC) for demonstration vehicles. Sai Service Pvt. Limited, an authorized car dealer, sought to understand the nuances of claiming ITC on these vehicles. The …
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Book Adjustments: A New Perspective on GST Payments
This mem delves into the intriguing case of whether book adjustments can be deemed as payment under GST. It discusses a ruling by the Authority for Advance Rulings, Kerala, and its implications for businesses dealing with mutual debts.
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Calcutta HC Rectifies Single Bench Order on Section 107(7) of CGST Act.
Calcutta HC Rectifies Single Bench Order on Section 107(7) of CGST Act, Allows Appeal Against Garnishee Notice.
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Cash Credit Account Cannot be Provisionally Attached under GST, rules Appellate…
Court Allows Appeal, Cash Credit Account Cannot be Provisionally Attached under GST.
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GST Penalty Imposed Only for Quantity Shortage, Excludes Entire Consignment.
Penalty on Entire Consignment Set Aside, Recalculation Ordered for Quantity Shortage Penalty in GST Case.
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SCN issued without issuance of DRC-01A Valid in Case of Complete Dispute of Tax…
Demand Notice Issued Without Correct Form Valid in Complete Tax Dispute Case, Says Court.
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Gauhati HC Dismisses Writ Petition, Citing Availability of More Efficacious Sta…
Gauhati HC Dismisses Writ Petition, Citing Availability of Alternative Statutory Remedy for Tax Assessment Dispute.
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HC condones minor delay in manual GST appeal filing, granting relief after onli…
HC condones 2-day delay in manual GST appeal filing after online submission, grants permission to re-present the appeal and pursue statutory remedy.
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Calcutta HC Directs Release of Detained Tea Consignment During E-Way Bill Inves…
Calcutta HC Orders Release of Detained Tea Consignment Amid Investigation; Poppy Seeds Smuggling Allegation to be Investigated Separately
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HC Quashes Recovery Proceedings in Absence of Show Cause Notice and Adjudicatio…
HC Quashes Summary Order and Recovery Proceedings in Tax Case for Lack of Show Cause Notice and Adjudication Order.
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Calcutta HC Waives Penalty for Expired E-way Bill, Citing Lack of Tax Evasion I…
Goods & Services Tax,Jun. 30, 2023Calcutta HC Disposes of Writ Petition, Waives Penalty for Expired E-way Bill, Citing No Tax Evasion Intent.
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Karnataka HC Upholds Constitutionality of Section 16(4) of CGST/SGST Act.
Goods & Services Tax,Jun. 29, 2023The petitioner's counsel has informed the court that the writ petition is being withdrawn and not pressed, with the liberty given to the petitioner to challenge the order passed by the second respondent in separate proceedings. The court accepts the petitioner's request and dismisses the writ petition as not pressed, while keeping all contentions open for future proceedings.
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Calcutta HC Allows Release of Seized Machinery on Bank Guarantee Amidst Legalit…
Goods & Services Tax,Jun. 28, 2023Calcutta HC has allowed the release of trailers containing machinery and equipment, which were seized by the authorities. The petitioner, a construction company, transported the machinery from Arunachal Pradesh to Jammu and Kashmir for a project. However, the authorities intercepted the trailers and imposed a penalty on the petitioner. The petitioner filed a writ application seeking the release of the machinery, stating that their work has been ham…
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Karnataka HC Directs State and Govt Agencies to Determine Tax Difference on Pre…
Goods & Services Tax,Jun. 28, 2023Karnataka HC directs State and other Govt agencies to determine tax difference on pre-GST works contract under KVAT regime, following the order passed in related writ petitions. The directions include calculating works executed pre-GST, assessing payments received under KVAT tax regime, determining balance works completed or to be completed, deducting KVAT amount, adding applicable GST, considering input credit, calculating tax difference, revising…
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Calcutta High Court Orders 9% Interest Payment for Negligence in Delayed GST Re…
Goods & Services Tax,Jun. 28, 2023HC Orders 9% Interest Payment for Negligence in Delayed GST Reimbursement.
Calcutta HC Orders Release of Tea Consignment, Finds No Involvement of Supplier…
The Calcutta High Court has ordered the release of a detained tea consignment worth Rs. 14,11,216, pending further investigation into smuggled poppy seeds. The petitioner, Radha Tea Merchant, had the consignment booked through Bajaj Parivahan Pvt. Ltd. for delivery to M/s. Haryana Chai Bhandar. The goods were detained by the respondent authorities, leading to the filing of the writ application. The court directed the release of the tea consignment,…
Goods & Services Tax,Jun. 27, 2023-
Why HC Granted Bail to Accused in Rs. 122 Crore intricate GST Evasion Case Invo…
Goods & Services Tax,Jun. 26, 2023A group of individuals created a network of 40 fake firms, evading tax amounting to Rs.122.28 Crores. They used common Email-ids, Phone numbers, and PAN cards across these firms to pass on fraudulent Input Tax Credit (ITC) to various beneficiary firms. The High Court granted bail to the accused, considering the duration of their custody and the status of co-accused.
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HC Orders 9% Interest Payment for Negligence in Delayed GST Reimbursement.
Goods & Services Tax,Jun. 22, 2023The High Court has ordered the payment of 9% interest for the delayed reimbursement of GST due to negligence. The petitioner, a cement manufacturing company, had filed a case seeking the release of budgetary support from the Union Government. The court held that the petitioner was entitled to the support and imposed a penalty on the Union Territory for the delay in payment.
Why Did Kolkata High Court Order GST Officer to Release Tea Despite Discrepanci…
Goods & Services Tax,Jun. 22, 2023In a surprising turn of events, the Kolkata High Court ordered the release of a detained tea consignment despite glaring discrepancies in the E-way bill. What prompted this decision? How did the perishable nature of tea and the lack of involvement in smuggling play into this ruling? Tune in as we unravel the legal intricacies of this landmark judgment and its implications on tax law enforcement.
A Year Too Long: Delhi High Court Steps in on Provisional Attachment of Bank Ac…
In a recent case, the Delhi High Court granted Balaji Enterprises the right to operate its bank accounts, which had been provisionally attached for over a year under the CGST Act. The case highlights the importance of procedural rules and the rights of taxpayers, setting a precedent for future cases involving provisional attachments.
Goods & Services Tax,Jun. 20, 2023-
Goods & Services Tax , Jan. 25. 2023
Court dismisses PIL seeking exemption of drugs for rare diseases from GST and c…
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Goods & Services Tax , Jan. 25. 2023Hank Yarn exemption applies to all types, not just cotton; Supreme Court dismis…
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Goods & Services Tax , Jan. 25. 2023
Court directs government to ensure all filings in the upcoming GST Tribunal are…
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Goods & Services Tax , Jan. 25. 2023Supreme Court allows taxpayers to claim transitional GST credit, directs GST Ne…
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Goods & Services Tax , Jan. 25. 2023Commissioner can't extend assessment period after initial time limit expires; S…
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