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Latest Articles

Cancelling The Registration Of The Assessee By An Order Passed On The Basis Of Proceedings Initiated Through A Show Cause Notice Issued In The Wrong Form Is Without Jurisdiction – Kerala High Court

Kritika Bhandari

Imposition Of Penalty Under Section 129 Without Considering The Contention Raised By the Assessee And Without Application Of Mind Not Sustainable – E-Way Bill – Jharkhand High Court.

Smilly Kinra

Assessee Would Be Liable To Both Civil And Penal Consequences – Registration Cancelled By A Non-Speaking Order Restored – Patna High Court

Varun Gaba

Dealer Cannot Be Compelled To Opt For Carrying Forward The Accumulated ITC When It Has Already Opted For Refund Of The Same On Introduction Of GST – Madras High Court

Kritika Bhandari

Ex-parte Order Passed Without Providing Thirty Days’ Time As Prescribed Under Section 73(8) Is Not Legal – Patna High Court

Manish Gupta

Refund Not To Be Withheld For Shortcomings In the Software – Department Recommended To Create Feature Like ‘MAY I HELP YOU’ On The Portal – Gujarat High Court

Lovey Singhal

Rejecting Appeal For Delay Of One Day By Taking Such A Hyper Technical And Academic View Not Sustainable – Himachal Pradesh High Court

Varun Gaba

Vehicle Not To Be Detained If The Goods Are Described On The Basis Of Per Piece And Not According To Weight In The Invoice – E-Way Bill – Allahabad High Court

Manish Gupta

Assessee To Be Heard Even If No Reply To Notice In DRC-01 Is Filed – One Liner Cryptic Order Rejecting The Explanation Given By The Assessee Not Sustainable – Madras High Court

Varun Gaba

Appeal Ordered To Be Reconsidered When It Was Rejected For Non-Appearance On Three Dates Before The Appellate Authority – Allahabad High Court

Kritika Bhandari

Claim of ITC Cannot Be Denied On The Basis Of Vague Findings – Allahabad High Court

Lovey Singhal

Notice Pay Received From The Erstwhile Employees Would Not Be Liable To GST – Circulars Issued Would Be Applicable Retrospectively – Refund Allowed – Kerala High Court

Smilly Kinra

Registration Not To Be Cancelled Solely On The Ground Of Delay In Moving The Revocation Application – Allahabad High Court

Manish Gupta

Bank Account Cannot Be Provisionally Attached When There Is No Proceeding Pending Under Section 62, 63, 64, 67 Or Section 73 Or Section 74 Against The Assessee – Gujarat High Court

Varun Gaba

SCN And Order Cancelling The Registration Without Mentioning Any Violation On The Part Of The Assessee Not Sustainable In The Eye Of Law – Andhra Pradesh High Court

Deepa Saluja

Attachment Notice Issued Without Any Assessment Under Section 73 or 74 For The Tax Demanded Not Valid – Madras High Court

Manish Gupta

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

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