A. Amendment
DGFT Trade Notice 23/2024-25 dt 06.12.2024
Directorate General of Foreign Trade (DGFT) issued Trade Notice 23/2024-25 dated 06.12.2024 regarding Launch of Revamped Preferential Certificate of Origin (eCoO) 2.0 System.
B. Article
by CA Bimal Jain
The Hon’ble Madras High Court in the case Tvl. Orange Sorting Machines (India) (P.) Ltd. quashed the impugned order as the Department failed to provide a breakup of the amount demanded, thereby holding that the refund rejection order is not proper when required information for defending the claim made is not provided to the Applicant.
Notice cannot be issued against an Amalgamating Company Post Merger is void ab initio
by CA Bimal Jain
The Hon’ble Delhi High Court in the case HCL Infosystems Ltd. v. Commissioner of State Tax & anr[W.P.(C) 7391/2024 dated November 21, 2024] quashed the show cause notice and the final order issued in the name of Amalgamating Company post-merger because they were against Section 87 of the Central Goods and Services Tax Act (“the CGST Act”) and 160 of the CGST Act. The court held that the preceding cannot be brought to a merged entity and it is a substantive error that cannot be cured.
by CA Bimal Jain
The Hon’ble Andhra Pradesh High Court in the case Avexa Corporation (P.) Ltd. order passed is not valid when no proper time granted to Assessee for collecting relevant document due to GST registration cancellation as the demand order was passed just after the revocation of GST registration cancellation, for gathering of documents.
No Order can be passed beyond the defects mentioned in the SCN
CA Bimal Jain
The Hon’ble Madras High Court in the case Tvl. Senthil Hardwares v. State Tax Officer, Pattukottai [W.P. (MD) No. 17626/2024 dated July 30, 2024] the order where a Show Cause Notice (“SCN”) was issued to the Assessee vide FORM DRC-01 and reply filed by the Assessee was accepted by the Department, but certain part of demand was confirmed vide the Order in respect of defect, which was not part of notice.
Pushing for its extension, Punjab among top beneficiaries of GST compensation
Punjab, which is strongly pushing for an extension of the goods and services tax (GST) compensation cess beyond March 31, 2026, was among the largest beneficiaries of the compensation payments offered to states for transition to the new indirect tax regime.
“India’s taxation system considered most transparent, reliable in world”: LS Speaker Om BirlaL
ok Sabha Speaker Om Birla on Tuesday stressed that India has the best taxation system in the world, characterized by transparency, rule of law, and stability in tax policies.
Finance minister Sitharaman to begin pre-Budget consultation from Friday
Finance Minister Nirmala Sitharaman will start pre-Budget consultations with various stakeholders beginning Friday as part of Budget making exercise.
GST team held hostage during raid in Muzaffarnagar, rescued by police
The Central GST team from Meerut, conducting a raid at Rana Steel factory in the Civil Lines police station area of Muzaffarnagar, was allegedly held hostage on Thursday and later rescued by police.
Rs 640-cr cyber fraud case: ED arrests two CAs, crypto trader
Two chartered accountants and a cryptocurrency trader have been arrested here in a money laundering investigation linked to a cyber fraud case of Rs 640 crore, the Enforcement Directorate said Wednesday. A fourth person, the brother of another “absconding” CA whose farmhouse was raided on November 28 by the federal agency as part of this probe, has been arrested by the police for “attacking” the ED search party in the Bijwasan area of southwest Delhi that day.
ICICI Bank offices searched by Maharashtra GST authorities, probe underway
Maharashtra’s GST authorities on Wednesday initiated search operations at three offices of ICICI Bank, the second-largest private lender in India. The bank disclosed this development in a regulatory filing later that evening, noting its full cooperation in providing the requested data.
Date of rectification order relevant date for calculating limitation period for filing of appeal
The Hon’ble Madras High Court (Madurai Bench) in the case of M/s. SPK and Co v. State Tax Officer disposed the writ petition thereby holding that the date of limitation for filing of appeal would start from the date of passing of rectification order.
Delhi HC grants relief to Samsung India in Rs.1,213 crore tax dispute
In a breather to Samsung India Electronics Pvt., the Delhi High Court on Monday overturned an order of the Income Tax Appellate Tribunal that had dismissed the electronic manufacturer’s plea to pause proceedings on a Rs. 1,213 crore tax demand.
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