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Category: High Court

GST ArticleHigh Court

Expiration of e- way bill and “minor negligence” will not amount to tax evasion

byCA Bimal Jain11/09/202212/09/2022

The Hon’ble Madhya Pradesh High Court in M/S Daya Shanker Singh v. State of Madhya Pradesh [Writ Petition No. 12324 of 2022, dated August 10, 2022] directed the assessing authority to refund back the penalty charged from the assessee because…

GST ArticleHigh Court

Advance ruling application can be admitted during inquiry or investigation as it is not a ‘proceedings’

byCA Bimal Jain10/09/202212/09/2022

The Hon’ble High Court of Telangana in the given case M/S Srico Projects Private Limited vs. Telangana State Authority for Advance Ruling., [W.P. No. 26145 of 2022 dated August 17, 2022], observed that advance ruling application cannot be admitted on…

GST ArticleHigh Court

No penalty shall be imposed on any person without giving him the opportunity of being heard

byCA Bimal Jain09/09/202212/09/2022

The Hon’ble Delhi High Court in Nirmal Kumar Mahaveer Kumar v. Commissioner of Central Goods and Services Tax and Another [W.P. (C) 8585/2022 dated August 23, 2022] directed that the assessee needs to be given another chance to establish, as…

GST ArticleHigh Court

Interest is leviable despite the availability of credit in cash/credit ledgers if no payment was made in GST

byCA Bimal Jain08/09/202212/09/2022

The Hon’ble Madras High Court in M/s India Yamaha Motor Private Limited, v. the  Commissioner of CGST & Central Excise  [WP.No.19044 of 2019 and WMP.No.18404 of 2019 dated August 29, 2022 ] has held  that in a case where Goods…

GST ArticleHigh Court

Ex-parte Order are violative of principles of natural justice

byCA Bimal Jain27/08/202227/08/2022

The Hon’ble High Court, Patna in the matter ofM/s G. Power Solution v. State of Bihar [Civil Writ Jurisdiction Case No. 11384 of 2022 dated August 17, 2022] set aside the order passed by the revenue department for denying Input…

GST ArticleHigh Court

One-line order dismissing the appeal on ground of delay in submission is invalid

byCA Bimal Jain26/08/202226/08/2022

The Hon’ble Calcutta High Court in the matter of M/s Usha Gupta v. The Assistant Commissioner of State Tax [WPA 17530 OF 2022 dated August 10, 2022] has set aside the order and remanded the matter back to the revenue…

GST ArticleHigh Court

No Service Tax to be levied on fitment and preparation of scalp to make Wig

byCA Bimal Jain25/08/202225/08/2022

The Hon’ble High Court of Madras in the matter of M/s White Cliffs Hair Studio Private Ltd v. Additional Commissioner, Office of the Principal Commissioner of CGST and Central Excise, Chennai [WP.No.12198 of 2019 dated July 08, 2018] set aside…

GST ArticleHigh CourtPre-GST

Service Tax cannot be levied on affiliation fees and rent collected by universities

byCA Bimal Jain24/08/202224/08/2022

The Hon’ble High Court, Karnataka in the matter ofM/s Rajiv Gandhi University of Health Science v. Principal Additional Director General and Ors. [Writ Petition No.57941 of 2018 dated July 26, 2022] held that Service Tax cannot be levied on affiliation…

GST ArticleHigh Court

Provisionally attachment cannot extend after One Year: Delhi HC

byCA Bimal Jain24/08/202224/08/2022

The Hon’ble High Court, Delhi in the matter of M/s SH. NITIN SINGHANIA v. COMMISSIONER OF CENTRAL TAX GST, DELHI (EAST)[W.P.(C) 10389/2022 & CM No.29962/2022 dated July 29, 2022]  set aside the order passed by the department in order to…

GST ArticleHigh Court

SEIS benefit can’t be denied for not having IEC when services rendered No IEC required for availing benefit of SEIS

byCA Bimal Jain24/08/202224/08/2022

The Hon’ble High Court, Bombay in the matter of M/s Smarte Solutions Pvt. Ltd v. Union of India [Writ Petition no. 503/2021 dated July 27, 2022] directed the department to consider the application for Services Export from India Scheme (“SEIS”)…

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