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Tag: HC

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…

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”)…

GST ArticleHigh Court

SC’s suo moto extension of limitation period order is applicable even for condonation period

byCA Bimal Jain23/08/202223/08/2022

The Hon’ble High Court, New Delhi in the matter of Railsys Engineers Private Limited & Anr v. The Additional Commissioner of Central Goods and Services Tax [W.P.(C) 4712/2022 dated July 21, 2022] sets aside order cancelling Goods and Services Tax…

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