Tax
Section 5 Of Limitation Act Does Not Apply To Section 107 Of CGST Act: Allahabad High Court
The Allahabad High Court has held that Section 5 of the Limitation Act, 1963 does not apply to appeals filed under Section 107 of the Central Goods and Services Tax Act, 2017.“The Central Goods and Services Act is a special statute and a self-contained code by itself. Section 107 of the Act has an inbuilt mechanism and has impliedly excluded the application of the Limitation Act. It is...
Assessee Failed To Cure Defects As Documents Were In The Custody Of Central GST Authority: Madras High Court Quashes Assessment Order
The Madras High Court has quashed the assessment order and held that the defect was not cured due to the availability of records in the custody of the central GST authority.The bench of Justice Senthilkumar Ramamoorthy has observed that a composite order of assessment was issued with regard to four defects, and the documents on record disclose that the non-availability of records, on account...
IGST Refund Claim May Be Made Before Expiry Of 2 Years From Date Of Export Of Goods: Madras High Court
The Madras High Court has held that an IGST refund claim may be made before the expiry of two years from the relevant date. The relevant date is required to be computed from the date of export of the goods concerned by any mode.The bench of Justice Senthilkumar Ramamoorthy has observed that since the refund claim pertains to exports made between July 2017 and November 2017 and the...
Bombay High Court Directs Dept. To Accept Declaration Under VsV Act
The Bombay High Court at Goa has directed the department to accept the declaration under the Vivad Se Vishwas Act, 2020 (VsV Act).The bench of Justice M. S. Sonak and Justice Valmiki Sa Menezes has observed that the delay alleged on the part of the Petitioner is hardly 11 days. The alleged deficit payment, if any, is of hardly 2,21,862. However, even if it is assumed that there was some...
AO Has No Jurisdiction To Assess Or Reassess Income Which Was Subject Matter Of Appeal: Bombay High Court
The Bombay High Court has held that the AO has no jurisdiction to assess or reassess any income, which was the subject matter of an appeal.The bench of Justice K.R. Shriram and Justice Neela Gokhale has observed that since the grant of benefit under Section 11 of the Income Tax Act, 1961, was the subject matter of appeal and has been held in favour of the assessee, the matter cannot...
Tax Return Filed Without Regular Books Of Account Not Invalid, Burden To Call For Curing Of Defects On Assessing Officer: Supreme Court
While deciding the question as to whether reopening of a concluded assessment under Section 147 of the Income Tax Act (“Act”) was legally sustainable or not, the Supreme Court recently held that for the purposes of tax assessment, an assessee's obligation is limited to making a "full and true" disclosure of all "material" or primary facts, and thereafter, the burden shifts on the...
Payment To Third Party Instead Of Selling Dealer, ITC Not Allowable: Calcutta High Court
The Calcutta High Court has held that the writ petitioner is not entitled to the benefit of input tax credit as he has not paid the amount to the selling dealer but to a third party.The bench of Chief Justice T.S. Sivagnanam and Justice Supratim Bhattacharya has observed that the writ petitioner is precluded from adding words to a statute to state that he will be entitled to the benefit of...
Patna High Court Imposes Fine Of Rs. 5,000 On GST Officer For 'Forcible And Illegal Recovery' Amid Non-Functional GST Tribunal
In a recent ruling, the Patna High Court slapped a fine of Rs 5,000 on a Goods and Services Tax ( GST ) officer for forcible and illegal recovery of the full tax amount from a man waiting to avail the statutory remedy of appeal before GST tribunal which has not been made functional in Bihar. The court has directed the department to reimburse the entire collected tax within 2 weeks. The ruling...
CESTAT Quashes Service Tax Demand Against HSBC Electronic Data Processing India On Back Office Support Services Exported To Its Group Entity
The Hyderabad Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has quashed the service tax demand against HSBC Electronic Data Processing India on back office support services exported to its group entity.The bench of Anil Choudhary (Judicial Member) and A.K. Jyotishi (Technical Member) has observed that there is a connection between the visits of foreign customers and...
GST Registration Can't be Cancelled Retrospectively For Non-Filing Of Returns: Delhi High Court
The Delhi High Court has held that GST registration cannot be cancelled with retrospective effect for mere non-filing of returns.The bench of Justice Sanjeev Sachdev and Justice Ravinder Dudeja has observed that simply because a taxpayer has not filed the returns for some period does not mean that the taxpayer's registration is required to be cancelled, with a retrospective date also covering...
Excise, Revenue And Other Departments Will Not Have Priority Over Secured Creditors: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that departments of the state, including excise and revenue, will not have priority over the secured creditors' debt.The bench of Justice Tarlok Singh Chauhan and Justice Satyen Vaidya has observed that the dues of the secured creditor, i.e., the appellant bank, will have priority over the dues of the Central Excise Department, as even after the...
Extension Of Limitation Period Under Section 168A Of GST Act; Punjab And Haryana High Court Issues Notice
The Punjab and Haryana High Court has issued a notice to the government in a plea challenging the extension of the limitation period under Section 168A of the GST Act.The bench of Justice G.S. Sandhawalia and Justice Lapita Banerji has stayed the passing of final orders in Section 73 cases for the fiscal year 2018-19. Section 73 deals with the determination of tax not paid or short paid...