Indirect Tax Weekly Round-Up: 4 To 10 August 2024

Not Mandatory For Assessment Order To Contain Reference Disclosing Its Satisfaction Of Each And Every Query: Bombay High Court

Case Title: Hemant Surgical Industries Ltd. Versus Union of India

The Bombay High Court has held that it is not mandatory for assessment orders to contain reference and/or discussion to disclose its satisfaction in respect of each and every query raised.

Bombay High Court Quashes Show Cause Notice Issued Without Mentioning Documents Required To Be Furnished By Assessee

Case Title: B. G. Exploration and Production Versus The State of Maharashtra

The Bombay High Court has quashed the show cause notice, which was in a printed format with only the period, date, and time filled up and did not give details of the information or documents required to be furnished.

Bombay High Court Directs Govt. To Constitute A Committee To Decide SVLDRS Declaration Filed On 30th December 2019

Case Title: Eka Academy Private Limited Versus Union of India

The Bombay High Court has directed to constitute a committee to decide the declaration that was filed by the petitioner on 30th December 2019 and, on or before 30th September 2024, dispose of the declaration in accordance with law.

Madras High Court

Detention Order Can't Be Issued If Driver In Possession Of Valid E-Way Bill In Physical/Electronic Form: Madras High Court

Case Title: Kompress India Private Limited Versus Union of India

Citation: 2024 LiveLaw (Mad) 300

The Madurai Bench of Madras High Court while quashing the detention order held that if an invoice, bill of supply, delivery challan, or bill of entry and a valid e-way bill in physical or electronic form for verification are available, then action may not be initiated.

Rajasthan High Court

Appeal To Be Decided On Merits Irrespective Of Some Laches Or Delay On Part Of Assessee: Rajasthan High Court

Citation: 2024 LiveLaw (Raj) 194

Case Title: Shree Shakti Minerals Versus The Commissioner

The Rajasthan High Court has held that a right to appeal as provided under the statute must be decided on merits irrespective of some laches or delay on the part of the assessee.

Gauhati High Court

State GST Dept. Can't Take Benefit Of Notification Which Is Ultra Vires CGST Act, 2017: Gauhati High Court

The Gauhati High Court has held that the State GST Authorities cannot take the benefit of Notification No. 56/2023-CE, which is also otherwise ultra vires the CGST Act, 2017.

Gauhati High Court Directs Assistant Commissioner To Release Amount Of Interest On Delayed Excise Duty Refund To GAIL

Case Title: GAIL (India) Limited And 2 Ors. Versus The Union Of India

The Gauhati High Court has directed that assistant commissioner to release the amount of interest on delayed excise duty refund to GAIL India.

Purchaser Can't Be Punished For Failure Of Seller To Deposit Tax: Gauhati High Court

Case Title: National Plasto Moulding Versus State Of Assam

The Gauhati High Court has held that a purchasing dealer cannot be punished for the act of the selling dealer in case the selling dealer had failed to deposit the tax collected by it.

Allahabad High Court

Allahabad High Court Stays Demand Of Rs. 47 Crores Service Charge Against IIT Rorkee

Case Title: The Indian Institute Of Technology v. State of U.P. and Another

Recently, the Allahabad High Court has granted interim relief to Indian Institute of Technology, Roorkee against the demand of service charge amounting to Rs. Rs. 47,06,67,775/- raised by the Municipal Corporation, Saharanpur.

Order Under S. 73 GST Can't Be Passed Against Company In Corporate Insolvency Resolution Process: Allahabad High Court

Case Title: M/S Bgr Energy Systems Ltd v. State of U.P. and Another

The Allahabad High Court has held that order Section 73 of the Goods and Service Tax Act, 2017 cannot be passed a company which is under the Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016.

Andhra Pradesh High Court

Appellate Order Can't Be Issued Only In Hindi: Andhra Pradesh High Court

Case Title: M/s Subodh Enterprises Versus The Union Of India and Others

The Andhra Pradesh High Court has held that the appellate order under Section 107 of the CGST Act, 2017 cannot be issued in the State of Andhra Pradesh, in Hindi only.

Kerala High Court

Revisional Jurisdiction Available , Writ Not Maintainable Against First Appellate Authority Order: Kerala High Court

Case Title: Smt. Pathminim Legal Heir Of Mr. Mattummel Kunhiraman Versus State Of Kerala

The Kerala High Court has held that the writ petition is not maintainable against the first appellate authority's order under the Kerala Building Tax Act.

Uploading Assessemnt Orders After GST Registration Cancellation, Petitioner Failed To Check Website, Kerala High Court Grants Opportunity To Challenge On Deposit

Case Title: Global Distributors Versus The Assistant Commissioner

The Kerala High Court has quashed the assessment orders and remanded the matter back on condition of remitting Rs. 10 lakhs towards the GST liabilities.