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Category: High Court

GST ArticleHigh Court

Refund application is not barred by limitation, as period from 1st March, 2020 to 28th February, 2022 to be excluded

byCA Bimal Jain26/09/202226/09/2022

The Hon’ble Andhra Pradesh High Court in M/S. Gandhar oil refinery (India) Limited v. Assistant commissioner of sales tax [Writ Petition No.24873 of 2022 dated August 24, 2022] remanded back the matter to the assessing authority, depending upon the recent…

GST ArticleHigh Court

Vague SCN cannot be relied upon for cancellation of GST registration

byCA Bimal Jain25/09/202226/09/2022

The Hon’ble Bombay High Court in DBS Tradelink and advisors Pvt. ltd. v.  The state of Maharashtra and another [Writ petition no.8474 of 2022 dated July 20, 2022] directed the assessing authority to restore the registration of the assessee on…

GST ArticleHigh Court

The power of detention and confiscation can not be invoked together

byCA Bimal Jain21/09/202221/09/2022

The Hon’ble Karnataka High Court in M/S Rajeev Traders v. Union of India [Writ Petition No.100849 of 2022 (T-RES) dated August 16, 2022] allowed the writ petition stating that the power to confiscate goods is a distinct and independent power…

CustomsGST ArticleHigh Court

Whether Importer can be treated as the original owner of Goods for Provisional Release of Seized Goods under Customs Act

byCA Bimal Jain18/09/202221/09/2022

The Hon’ble Bombay High Court in Commissioner of Customs (Import) v. Dinesh Bhabootmal Salecha [CUSTOM APPEAL (L) NO. 20820 OF 2022 dated September 8, 2022] held that for the interim release of goods under Section 110A of the Customs Act,…

GST ArticleHigh CourtPre-GST

The assertion of clandestine removal cannot be proved merely by the testimony of some transporters

byCA Bimal Jain18/09/202221/09/2022

The Hon’ble Bombay High Court in the Principal Commissioner of Central GST & C. v. Filatex India Ltd. [Central Excise Appeal No. 204 of 2019 dated September 8, 2022] held that the accusations of clandestine removal cannot be confirmed merely…

GST ArticleHigh Court

Seizure of the goods of the godown without jurisdiction may amount to misconduct

byCA Bimal Jain17/09/202221/09/2022

The Hon’ble Allahabad High Court in Mahavir Polyplast Pvt. Ltd. v. the State of U.P. And 2 others [Writ Tax No. 57 of 2020 and Writ Tax No. 58 of 2020 dated August 6, 2022] quashed the orders of the…

GST ArticleHigh Court

Suspension of GST registration is counterproductive and affects tax recovery

byCA Bimal Jain17/09/202221/09/2022

The Hon’ble Calcutta High Court in Bisweswar Midhya v. The Superintendent, CGST [MAT No. 1376 of 2022 with IA No. CAN 1 of 2022 dated September 01, 2022] disposed off the writ petition directing the assessing authority to forthwith revoke…

GST ArticleHigh Court

Refund of ITC on account of IDS allowed where goods supplied under concessional rate notification

byCA Bimal Jain16/09/202221/09/2022

The Hon’ble Telangana High Court in Micro Systems and Services v. Union of India and 5 others [Writ Petition No.37465 of 2021 dated September 5, 2022] remanded back the matter to the assessing authority for reconsidering the refund claimed by…

GST ArticleHigh Court

Quashed the detention order passed by non-jurisdictional authority

byCA Bimal Jain16/09/202221/09/2022

The Hon’ble Madras High Court in M/S Macmet Engineering Limited v. State Tax Officer (Intelligence) [W.P. Nos.19395 to 19399 of 2022 and W.P.M Nos. 14157 & 14159, 14158 & 14161, 14163 & 14167, 14160 & 14162, and 14164 & 14166…

GST ArticleHigh Court

Exporters cannot be denied the MEIS benefit due to technical error in the electronic system

byCA Bimal Jain11/09/202212/09/2022

The Hon’ble Madras High Court in M/s Gupta Hair Products (P) Ltd. V the Additional Director General of Foreign Trade [W.P.No.25860 of 2021 dated July 7, 2022] held that, due to technical error or lacunae in the electronic system, exporters…

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