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Court modifies GST cancellation order, limits retrospective effect to last retu…
The High Court of Delhi, in the case of W.P.(C) 1262/2024 - KOXAN INDIA vs. ASSTT. COMMISSIONER OF GST & ANR., addressed the retrospective cancellation of GST registration. The petitioner challenged the order dated 24.03.2021, which cancelled their …
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Court quashes GST cancellation order, cites lack of reasons for retrospective c…
In this case, the petitioner challenged the order cancelling their GST registration retrospectively from 28.05.2022. The court found that the show cause notice and cancellation order lacked details and reasons for the retrospective cancellation. Con…
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Court modifies GST cancellation order, allows cancellation from business closur…
This case involves a dispute over the retrospective cancellation of a petitioner's GST registration by the tax authorities. The petitioner challenged the cancellation order and the show cause notice, arguing that the reasons for retrospective cancel…
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Court quashes retrospective GST registration cancellation order due to lack of …
The petitioner challenged the order cancelling their GST registration retrospectively from January 2022 and the show cause notice leading to the cancellation. The court found that neither the show cause notice nor the cancellation order provided cog…
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Court modifies GST cancellation order, allows prospective cancellation from sho…
This case involves a dispute over the retrospective cancellation of a taxpayer's GST registration by the tax authorities. The petitioner challenged the order canceling their GST registration retrospectively from July 2017, despite receiving a show c…
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Court quashes retrospective GST registration cancellation order for lack of rea…
The petitioner, engaged in the trading of ferrous and non-ferrous metals, challenged the order dated 29.02.2024 that cancelled its GST registration retrospectively from 05.05.2018 and the show cause notice dated 05.01.2024 issued by the GST authorit…
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Court modifies GST cancellation order, allows cancellation from notice date ins…
This case involves a dispute over the retrospective cancellation of a proprietorship firm's GST registration by the tax authorities. The firm challenged the cancellation order, arguing that it lacked proper reasoning and denied them an opportunity t…
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Court quashes retrospective GST registration cancellation order due to lack of …
The petitioner, a private limited company, challenged the order dated 19.04.2021 that cancelled its GST registration retrospectively from 01.07.2017 and the show cause notice dated 11.02.2021 issued by the GST authorities. The court found the show c…
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Court modifies GST cancellation order, allows cancellation from show cause noti…
This case involves a dispute over the retrospective cancellation of a petitioner's GST registration by the authorities. The petitioner challenged the cancellation order dated 15.12.2022, which retrospectively cancelled the registration from 01.07.20…
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GST registration cancellation order modified; court allows cancellation from bu…
This case involves a dispute between a proprietor (petitioner) and the GST authorities (respondent) over the cancellation of the petitioner's GST registration. The petitioner sought to cancel the registration from a specific date, but the authoritie…
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Court modifies GST registration cancellation order, allows cancellation from re…
The petitioner, a trading firm, challenged the orders cancelling its GST registration retrospectively from July 2017 and dismissing its appeal for restoration. The court found issues with the orders and modified the cancellation date to the date req…
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GST Registration Cancellation Order Modified, Retrospective Effect Limited
The case involved a petitioner challenging the retrospective cancellation of their GST registration from 15.07.2017 and the Show Cause Notice dated 03.02.2021. The court found deficiencies in the impugned order and the Show Cause Notice, and modifie…
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Court modifies GST cancellation order, registration cancelled from show cause n…
Goods & Services Tax,Apr. 10, 2024The petitioner challenged the order cancelling their GST registration retrospectively from July 2017 and the preceding show cause notice. The court found issues with the lack of reasoning, contradictory statements, and the opportunity to object to the retrospective cancellation. Ultimately, the court modified the order to cancel the registration from October 2022, the date of the show cause notice.
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Court modifies GST cancellation order, registration cancelled from last return …
Goods & Services Tax,Apr. 10, 2024The petitioner challenged the order cancelling their GST registration retrospectively from November 2017, as well as the preceding show cause notice. The court found issues with the lack of reasoning and opportunity to object to the retrospective cancellation. Ultimately, the court modified the order to cancel the registration from June 2021, the last period for which the petitioner filed GST returns.
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Court modifies GST cancellation order, registration cancelled from application …
Goods & Services Tax,Apr. 10, 2024The petitioner challenged the order cancelling their GST registration retrospectively from July 2017, as well as the show cause notice leading to the cancellation. The court found issues with the lack of reasoning and opportunity to object to the retrospective cancellation. Ultimately, the court modified the order to cancel the registration from the date the petitioner applied for cancellation in May 2018.
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Court restores GST registration of garment manufacturer, sets aside cancellatio…
Goods & Services Tax,Apr. 09, 2024The court set aside the order cancelling the petitioner's GST registration with retrospective effect from 03.12.2021. The petitioner, a garment manufacturer, had applied for a change in registered business address, but the application was rejected due to non-submission of documents. Subsequently, the petitioner's GST registration was cancelled retrospectively for allegedly issuing invoices without supply of goods or services. The court found the ca…
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Court quashes GST cancellation order, cites lack of reasons and opportunity to …
Goods & Services Tax,Apr. 09, 2024This case involves a dispute over the retrospective cancellation of a taxpayer's GST registration by the tax authorities. The petitioner challenged the show cause notice and the order canceling their GST registration retrospectively from July 2017. The court found that the show cause notice and the cancellation order lacked proper reasoning and did not provide the petitioner with an opportunity to object to the retrospective cancellation. The court…
Court modifies GST cancellation order, allows prospective cancellation from app…
This case involves a dispute over the retrospective cancellation of a taxpayer’s GST registration by the tax authorities. The petitioner challenged the order canceling their GST registration retrospectively from July 2017, despite having applied for cancellation in March 2022. The court found issues with the retrospective cancellation and modified the order to make the cancellation effective from the date of the petitioner’s application in March 20…
Goods & Services Tax,Apr. 09, 2024-
High Court Ruling: Draft Assessment Order under Section 144B.
Income Tax,Mar. 12, 2024The case involves Banarsidas Banot & Sons v. Commissioner of Income-tax, which was heard by G.P. Singh and Faizanuddin, J. in the High Court of Madhya Pradesh on November 25, 1980. The case pertains to the assessment year 1973-74, where the assessee returned an income of Rs. 2,83,873, but the Income Tax Officer (ITO) assessed it at Rs. 6,97,136. As the variation in the income returned exceeded Rs. 1 lakh, a draft assessment order under section 144B…
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High Court Declares Assessment Order Without Draft Assessment as Illegal
Income Tax,Apr. 03, 2021The High Court of Bombay at Goa delivered a judgment on Tax Appeal No. 144 of 2017, ruling that the assessment order passed by the Assessing Officer without issuing a draft assessment order was illegal and without jurisdiction. The case involved the Principal Commissioner of Income Tax, Panaji Goa, as the appellant, and M/s Andrew Telecommunications P. Ltd., Verna Salcete Goa, as the respondent. The appeal was filed by the Revenue against the order…
Rejection of an objection on the ground of limitation is not a 'direction' unde…
Income Tax,Aug. 01, 2020The Bombay High Court dismissed an appeal filed by a real estate company against an Income Tax assessment order, which added Rs. 3.67 crores to its total income for the assessment year 2012-13. The court held that the company's objection to the draft assessment order was rightly rejected by the Dispute Resolution Panel (DRP) as it was filed after the stipulated 30-day period. The court clarified that the final assessment order was not passed in pur…
Singapore company wins case against tax department for not issuing draft assess…
The Petitioner, Sinogas Management PTE. Ltd., a Singapore-based company, challenged the order passed by the Deputy Commissioner of Income Tax (DCIT) under Section 143(3) read with Section 263 of the Income Tax Act, 1961. The court quashed the order, demand notice, and penalty notice issued by the DCIT for not following the mandatory requirement of issuing a draft assessment order under Section 144C(1) before passing the final order, as the Petition…
Income Tax,Mar. 12, 2024-
Income Tax , Mar. 06. 2021Tax Dept. loses appeal over ignoring mandatory procedure u/s 144C for transfer …
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Income Tax , Sep. 14. 2020Tax tribunal upholds arm's length adjustment but rejects disallowance under Sec…
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Income Tax , Sep. 02. 2021Court quashes tax assessment order for failure to follow mandatory procedure u/…
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Income Tax , Dec. 16. 2022Dutch Company Wins Case Against Tax Department for Passing Assessment Order Bey…
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Income Tax , Jan. 03. 2023Non-resident company wins appeal as ITAT quashes assessment order for being tim…
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