News

HC: Allows IGST-refund, notes assessee’s inadvertent error in mentioning drawback claim under wrong column

Gujarat HC allows refund of IGST paid on export by the assessee from August 2017 along with 7% interest within.....

Jan 08,2021

HC: Provisional attachment order ‘mechanical’, vacates attachment of five bank accounts

Gujarat HC quashes the attachment order passed under section 83 of the GST Act, regarding five bank accounts of assessee.....

Jan 08,2021

HC: Quashes order rejecting refund application without granting reasonable hearing opportunity

Madras HC quashes Addl. Commissioner (Appeals) order rejecting assessee’s application for refund of CGST before being heard by the Assessing.....

Jan 08,2021

HC: Defreezes cash credit account attached provisionally, continues attachment on fixed deposits, property

Gujarat HC lifts provisional attachment on current account of assessee at Canara Bank relying on finding of the Court in.....

Jan 08,2021

HC: Upholds GST inquiry, issuance of summons; Rejects ‘same subject-matter’ plea

Allahabad HC upholds initiation of inquiry and issuance of summons, in writ petition challenging investigation pursuant to survey of business.....

Jan 08,2021

HC : Confiscation notice abating detention notice untenable where intend to evade tax found

Karnataka HC holds that if after interception of vehicle in transit and detention/seizure of goods when there is information about.....

Jan 07,2021

HC: Directs Assessee to file application with GST Council, follows Obelisk ruling

Rajasthan HC disposes of writ challenging Rule 117 of the CGST Rules in terms of decision rendered by Division Bench.....

Jan 06,2021

HC: Orders release of detained goods, permits adjudication of confiscation notice

Gujarat HC refuses to interfere with the adjudication post-issuance of confiscation notice in FORM GST MOV-10 remarking that, “Ultimately, if.....

Jan 06,2021

HC: Directs Assessee to apply for withdrawal of penalty order on proof of payment

Allahabad HC observes that the relief claimed against the order dated February 15, 2018 u/s 129 (3) of the GST.....

Jan 06,2021

HC: Upholds detention-order given mismatch in e-way bill and actual transportation route

Kerala HC holds that detention of goods and vehicle can’t be said to be unjustified, on finding that the route.....

Jan 06,2021

HC: Directs Revenue to pass reasoned order for blocking Electronic Credit Ledger

Karnataka HC directs Revenue to pass a detailed reasoned order as required under Rule 86A of the CGST Rules, while.....

Jan 06,2021

HC: Citing alternative efficacious remedy, dismisses writ challenging provisional attachment of payment receivable

Himachal Pradesh HC holds writ petition challenging the provisional attachment of payment receivable by Petitioner as “not maintainable” with a finding that “petitioner has not only efficacious remedy, rather alternative remedy under the GST Act”;.....

Jan 05,2021

NAA: No issue of passing tax-rate reduction benefit by MRF when base price same

NAA holds that there is no issue of not passing benefit of tax rate reduction by MRF in respect of.....

Jan 04,2021

NAA: Realtor to pass uniform ITC-benefit to all homebuyers, rejects plea to allow 'adjustment'

NAA finds builder of ‘Suncity Avenue’ (Respondent) guilty of profiteering u/s 171(1) of CGST Act; Observes that for post-GST period.....

Jan 04,2021

NAA: Can’t impose penalty for profiteering ‘retrospectively’, drops proceedings against Vaseline trader

NAA withdraws penalty notice and drops penalty proceedings launched against the Repondent (Trader of Vaseline VTM 400 ml); Notes that by.....

Jan 01,2021

NAA: Raps builder for profiteering, not passing additional ITC benefit to home buyers

NAA holds real estate project owner guilty of profiteering by not passing on the benefit of additional ITC to the.....

Jan 01,2021

HC : Stays bank accounts' provisional-attachment, given assessee's cooperation; Raps Commissioner for “excessive” exercise of power

Bombay HC stays order provisionally attaching assessee’s bank accounts for recovering alleged tax dues on the ground that assessee cooperated.....

Dec 31,2020

AAAR: Denies concessional rate of GST on works contract services to Kerala Electricity Board

Kerala AAAR upholds AAR, holding that concessional rate of 12% (CGST + SGST) under Sl. No. 3 (iii) or 3.....

Dec 30,2020

HC: Directs Revenue to sanction IGST refund where higher duty-drawback option not availed

Gujarat HC directs Revenue to “immediately sanction” IGST refund on export of Rope Making Machine [HSN Code 84794000] i.e. for.....

Dec 30,2020

NAA: Withdraws penalty notice on builder, provision cannot be imposed retrospectively

NAA withdraws penalty notice imposed on assessee-builder while holding that penalty imposed under section 171(3A) cannot be imposed retrospectively; Deduces.....

Dec 29,2020

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