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Category: High Court

High Court

Maximum timeframe available to the respondent for keeping the bank attachment alive is one year- High Court, New Delhi

byAdmin03/08/202203/08/2022

CGST, Delhi East vide orders dated 31.03.2021 provisionally attached the bank accounts and property. Delhi High Court in the matter of Nitin Singhania Vs Central Tax, (East) vide order dated 29.07.2022 set-aside the provisional attachment as the same ceased to…

GST ArticleHigh Court

Assessee’s bank account cannot be blocked without complying the provisions embedded u/s 83 of the CGST Act

byCA Bimal Jain02/08/202202/08/2022

The Hon’ble High Court, New Delhi in the matter of M/s Zuric Traders v The Commissioner, Customs and Central Excise, Delhi and Anr [W.P.(C) 13911/2021 dated July 15, 2022] quashed the letter issued by the Revenue department for blocking assessee’s…

GST ArticleHigh Court

Actions taken by the department during enquiry need not necessarily be termed as harassment

byCA Bimal Jain02/08/202202/08/2022

The Hon’ble Madras High Court in the matter of M/s Sridhar v the Superintendent of GST [Crl. O.P. No.7736 of 2022 dated June 6, 2022] dismissed the petition alleging the harassment by the Superintendent of Goods and Services Tax. Facts:M/s…

GST in MediaHigh Court

Gujarat HC provides relief to importers by directing GST dept to refund IGST within six weeks along with interest

byAdmin31/07/202202/08/2022

The Gujarat High Court (HC) has provided relief to importers by directing the Centre to refund the Goods and Services Tax (GST) paid on ocean freight within six weeks with interest. The ruling of the HC came after the levy…

GST ArticleHigh Court

Bail granted to Chartered Accountant not being a beneficiary of illegal availment of ITC

byCA Bimal Jain31/07/202202/08/2022

The Hon’ble Punjab & Haryana High Court in the matter of M/s Yogender Yadav v Union of India [CRM-M-53014 OF 2021 dated February 15, 2022] granted relief to a Chartered Accountant and held that judicial incarceration may not be prolonged, as it…

GST ArticleHigh CourtPre-GST

No Recovery of Central Excise Duty, Interest, and Penalty without serving of Adjudication Order

byCA Bimal Jain31/07/202202/08/2022

The Hon’ble Calcutta High Court in the matter of M/s Haldia Petrochemicals Limited v. Assistant Commissioner [W.P. A No. 4249 of 2022, dated June 30, 2022] held that no recovery of Central Excise Duty, interest, and penalty can be made…

GST ArticleHigh Court

Directed the Revenue Department to grant refund of the excess payment along with the interest due to delay

byCA Bimal Jain13/07/202202/08/2022

The Hon’ble Andhra Pradesh High Court in M/s Venkateswara Electricals v State of Andhra Pradesh [Writ Petition No.4072 of 2022 dated March 9, 2022] directed the Revenue Department to refund the amount of the excess tax paid by the assessee,…

GST ArticleHigh Court

IGST is leviable on the interest component of EMI of loan advanced by the Bank through credit card

byCA Bimal Jain12/07/202202/08/2022

The Hon’ble Calcutta High Court in Mr. Ramesh Kumar Patodia v. Citi Bank NA & Ors. [WPO 547 of 2019 dated June 24, 2022] held that interest component of Equated Monthly Instalments (“EMI”) of the loan, through credit card services…

High CourtRefund

WRIT ISSUED BY GUJARAT HIGH COURT IN THE CASE OF M/S HEAVY METAL.

byAdmin20/04/202028/06/2021

A Writ of Mandamus is a judicial remedy which a person aggrieved can seek from a court. Mandamus is an order or direction from a court to any government, subordinate court, corporation, or public authority, to do or forbear from…

High CourtReverse Charge Mechanism (RCM)

Refund of IGST paid on Ocean Freight under RCM

byAdmin29/02/202027/06/2021

M/s. Gokul Agro Resources Ltd. has filed a writ petition in the Hon’ble Gujarat High Court, requesting, inter-alia, to grant refund of the amount of IGST already paid pursuant to Entry no.10 of Notification no. 10/2017-IT (Rate) i.e. on ocean…

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