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Latest Articles

Adjudication Proceedings Initiated Under The Provisions Of CGST For Denying The CENVAT Credit Pertaining To Erstwhile Regime Is Without Jurisdiction – SCN And Order Set Aside – Jharkhand High Court.

Lovey Singhal

GST Registration Ordered To Be Restored When Tax Could Not Be Paid On Time Due To Financial Constraint And COVID – 19 Pandemic – Karnataka High Court

Varun Gaba

Mere Use of Term ‘Mens Rea’ Would Not Mean That There Was Wilful Attempt To Evade The Payment Of Tax – Non Speaking Order Passed Under Section 129 Set Aside – Calcutta High Court

Smally Kinra

Entire Business Of The Assessee Will Come To A Standstill – Appeal Directed To Be Considered Against Cancellation Of Registration – Rajasthan High Court

Kritika Bhandari

Assessee Cannot Be Deprived Of Accumulated Credit Due To Cancellation Of Registration On Closure Of Business – Bombay High Court

Deepa Saluja

Draft Audit Report And Final Audit Report Issued On The Same Date Not Maintainable – Orissa High Court

Lovey Singhal

Delay And Laches Are Not To Be Calculated Solely By The Length Of Time Taken By The Party To Approach Legal Forum – Writ Petition Filed After 3 And ½ Years Ordered To Be Heard – Calcutta High Court

Varun Gaba

Expenditure Made Towards Corporate Social Responsibility Would Be Eligible For Input Tax Credit Under CGST And SGST Acts. – AAR Telangana

Smilly Kinra

GST Registration Ordered To Be Restored When It Got Cancelled For Non-Compliance Due To Untimely Demise Of The Auditor – Karnataka High Court

Kritika Bhandari

Consignee Being Aggrieved Has The Right To Challenge Order Passed Against The Driver Under Section 129 – E-Way Bill – Calcutta High Court

Lovey Singhal

Non-Speaking Order Rejecting Revocation Application Without Considering The Material Facts Not Valid – Calcutta High Court

Manish Gupta

Refund Not To Be Denied In Case Of Bonafide And Inadvertent Error When The Assesses Entitlement To Refund Is Not In Dispute – Madras High Court

Deepa Saluja

Cancellation Of Registration On The Basis Of Physical Verification Without Giving Notice Under Rule 25 Not Sustainable – Delhi High Court

Manish Gupta

Sub-Contracting For A Service Is Not A ‘Intermediary’ Service – BPO Service Provided On Principal To Principal Basis Cannot Be Termed As Intermediary – Punjab & Haryana High Court

Lovey Singhal

Alcoholic Liquor For Human Consumption Does Not Constitute Food Or Food Product, And Would be liable To Tax At 18% Not 5% – Andhra Pradesh High Court

Varun Gaba

Issuance Of Show Cause Notice To The Driver Of The Consignment Is Not Sufficient -E-Way Bill – Madras High Court

Deepa Saluja

Assessee Permitted To File Application Manually For Restoration Of Registration When Request Was Made Mistakenly For Cancellation – Madras High Court

Lovey Singhal

Tax Dues Can Only Be Determined Under Section 73 or 74 Not Under Section 129 – E-Way Bill – Allahabad High Court

Smelly Kinra

Delay Condoned Beyond Prescribed Statutory Limit On Sufficient Cause Being Shown – Karnataka High Court

Manish Gupta

Assessment Order Passed Without Providing The Material Relied Upon By The Assessing Authority Is Bad In Law – Andhra Pradesh High Court

Varun Gaba

Bail Cannot Be Rejected On The Ground That The Investigation Is Still Under Way – Gujarat High Court

Lovey Singhal

Date Of Filing Refund Application On Portal Would Be Considered As Date Of Filing Refund Claim And Not The Date When The Application Was Physically Submitted – Gujarat High Court

Smilly Kinra

Issuing ASMT 10 Pointing Out The Discrepancies After Scrutiny Of Returns Is Mandatory Before Proceeding To Issue Notice In DRC 01 – Madras High Court

Kritika Bhandari

The Levy Of Tax And Penalty On Detention Under Section 129 Cannot Be Based Upon The Presumptions – E-Way Bill – Allahabad High Court

Deepa Saluja

Statutory Show Cause Notice And Order For Detention Has To Be Issued Within The Timelines Prescribed Under Section 129 – E-Way Bill – Madras High Court.

Varun Gaba

Linking GSTIN On The Demise Of Proprietor Cannot Be Denied On The Hyper Technical Ground – Rajasthan High Court

Manish Gupta

One More Case Where Order Has Been Passed Without Application Of Mind – Order Without Considering The Reply Set Aside – Bombay High Court

Lovey Singhal

Difference In Liability Of Commercial Taxes After Introduction Of GST Has To Be Borne By The Purchaser – Madras High Court

Smilly Kinra

Providing Shipping Bills Of Intangible Goods Not Possible – Orders Rejecting Refund In Case Of Supply of Electricity Set Aside– Andhra Pradesh High Court

Kritika Bhandari

Recoveries On Account Of Notice Pay, Bond Forfeiture, Canteen Charges, ID Cards Replacement As Well As The Liquidated Damages & Forfeiture Of Earnest Money and Security Deposit Not Taxable Under GST – AAR Haryana

Varun Gaba

Assessee Cannot Be Deprived Of Its Livelihood By Cancelling The GST Registration – Rajasthan High Court

Manish Gupta

Clandestine Removal Of Goods Cannot Be Alleged Merely On The Basis Of The Diary Entries – CESTAT Allahabad

Deepa Saluja

Order Without Digital Signature Will Have No Effect In The Eyes Of Law – Limitation For Filing Appeal Will Start From Date Of Signature – Bombay High Court

Lovey Singhal

Every Administrative Authority Or A Quasi-Judicial Authority Should Indicate The Reasons – Non-Speaking Order Set Aside – Allahabad High Court

Varun Gaba

Renting Of Residential Dwelling Not For Use In Course Or Furtherance Of Business Would be Exempt Under GST – Delhi High Court

Smilly Kinra

Pre-deposit For Filing An Appeal Can Be Made From The Credit Available In Electronic Credit Ledger – Bombay High Court

Manish Gupta

Cancelling Registration By An Order Beyond The Scope Of SCN And Without Issuance Of Notice In Terms Of Rule 25 Not Sustainable – Delhi High Court

Deepa Saluja

Parallel Proceedings By Different Wings Of The Same Department For The Same Period Not Permissible – Calcutta High Court

Lovey Singhal

Detention Proceedings Under Section 129 Cannot Be Converted To Confiscation Proceedings – E Way Bill – Karnataka High Court

Smilly Kinra

Premium Charged For Interest Restructuring Is Nothing But The Value Of Loss Of Interest Caused To The Lender – Department Appeal Dismissed – CESTAT, Delhi

Varun Gaba

Provisional Attachment Order Passed Ignoring The Basic Ingredients Of Section 83 Of The CGST Act, Is Arbitrary And Illegal – Cost Imposed On the Officers – Allahabad High Court

Kritika Bhandari

GST Department Does Not Recognise The Concept Of ‘Working Day’ And ‘Holiday’ In Case Of Interception, Detention & Seizure – E-Way Bill – Madras high Court

Lovey Singhal

Legally Flawed Proceedings Cancelling The Registration Of The Assessee Not Sustainable – Delhi High Court

Varun Gaba

Cleaning & Maintenance Of Toilets At Bus Stations Is Exempt From Payment Of GST – Andhra Pradesh High Court

Deepa Saluja

Another Opportunity To Present The Case Granted When There Is No Intent To Evade Tax – E-Way Bill – Delhi High Court

Manish Gupta

Circular Would Be Applicable Retrospectively – Refund In Case Of Inverted Duty Structure Allowed – Telangana High Court

Lovey Singhal

Proceedings Under Section 129 Not To Be Invoked In Case Of Bonafide and Clerical Mistakes – E-Way Bill – Madhya Pradesh High Court

Deepa Saluja

Investigation Initiated After Filing Of Application Cannot Be A Bar In Admitting The Advance Ruling Application – Telangana High Court

Kritika Bhandari

The Officer Is Duty Bound To Consider The Explanation Provided By The Assessee For Expiry of E-Way Bill – Kerala High Court

Varun Gaba

Orders Passed Without Considering The Assessees Request Seeking Extension Of Time For Filing SCN Reply Not Valid – Punjab & Haryana High Court

Smilly Kinra

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