Tax
Order Cancelling GST Registration Was Passed In Violation Of Principles Of Natural Justice: Delhi High Court
The Delhi High Court has held that the order cancelling the petitioner's GST registration was passed in violation of the principles of natural justice and is, thus, liable to be set aside.The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that if the petitioner's GST registration is restored, the petitioner would be obliged to update its returns for the period after its...
Govt. Allows Appointment Of Advocates With 10 Years Of Experience In Indirect Tax Matters To Appellate Tribunal
The Ministry of Law and Justice has notified the Central Goods and Services Tax (Second Amendment) Act, 2023.Section 110 of the Central Goods and Services Tax Act, 2017 is modified by the CGST (Second Amendment) Act. A subclause permitting the appointment of advocates with ten years of experience in indirect tax disputes to the Appellate Tribunal is one of the revisions.A clause is...
Patna High Court Overturns GST Appeal Dismissal Citing Conditions in Notification No. 53 of 2023-Central Tax
In a recent ruling, the Patna High Court overturned the dismissal of a GST appeal and reinstated the appeal, contingent upon meeting specified conditions outlined in Notification No. 53 of 2023-Central Tax.Emphasizing the significance of adhering to statutory timelines while recognizing the opportunities provided by relevant notifications to revive dismissed appeals under specific conditions,...
Sponsorship Amount Made By IOCL To Global Cricket Corporation Is Not Royalty: ITAT
The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has held that the sponsorship amount made by Indian Oil Corporation Limited (IOCL) to Global Cricket Corporation (GCC) is not royalty.The bench of Vikas Awasthy (Judicial Member) and Gagan Goyal (Accountant Member) has observed that since the payments made to GCC and Nimbus Sports International are not taxable in India, there is no need...
Full Pre-Deposit Payment Not To Be Done From Electronic Cash Ledger For Appeals Under Amnesty Scheme: Patna High Court
In a notable decision, the Patna High Court has ruled that the Revenue Department lacks the authority to mandate the Appellant to make a complete pre-deposit when filing an appeal under the Amnesty Scheme using the Electronic Cash Ledger.The central question addressed in the writ petition pertained to whether, upon initiating an appeal, ten percent of the outstanding amounts should be...
Delhi High Court Upholds Constitutional Validity Of Section 115BBE Of Income Tax Act
The Delhi High Court has upheld the constitutional validity of Section 115BBE of the Income Tax Act.The bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna has observed that Statutory Acts and their provisions are not to be declared unconstitutional on the fanciful theory that power would be exercised in an unrealistic fashion or in a vacuum or on the ground that there is...
Bihar VAT Act | Penalty Imposable U/S 56(4)(B) On Account Of Clerical Mistake In Mentioning Of Invoice Number In Suvidha Form: Patna High Court
Patna High Court has ruled that penalty is imposable under section 56(4)(b) of the Bihar Value Added Tax Act, 2005 (Bihar VAT Act) on account of clerical mistake in mentioning of invoice number in SUVIDHA Form.The above ruling came in a case filed by the petitioner, M/s Ceat Ltd. engaged in the manufacture and sale of tyres, tubes and flaps who was concerned with a penalty order passed...
Non-Mentioning Of DIN On Body Of Assessment Order Is Non-Est: ITAT
The Chandigarh Bench of Income Tax Appellate Tribunal (ITAT) has held that the non-mentioning of the Director Identification Number (DIN) on the body of the assessment order is non-est.The bench of Aakash Deep Jain (Vice President) and Vikram Singh Yadav (Accountant Member) has observed that there is no mention of DIN in the body of the assessment order, and even there is no mention of...
Bihar Entry Tax Act | Adjustment Of Entry Tax Paid On Damaged Cement Against VAT Liability Not Admissible: Patna High Court
In affirming the directive of the Commercial Tax Tribunal, the Patna High Court ruled that the adjustment of entry tax paid on damaged cement is not permissible under the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use, or Sale therein Act, 1993. The court reiterated and upheld the tribunal's decision, reinforcing that the provisions of the aforementioned act do not allow...
Patna High Court Grants Stay To Trimurti Private Limited On GST Demand Amid Tribunal Constitution Delay
In a recent ruling, the Patna High Court, while adjudicating a writ petition filed under Article 226 of the Constitution of India, has granted relief to Trimurti Private Limited by issuing a conditional stay on the GST demand. The petitioner sought various reliefs, primarily aiming to avail the statutory remedy of appeal against an impugned order under Section 112 of the Bihar Goods and...
Refund Application Could Not Be Uploaded Due To Technical Glitches, Refund Can't Be Denied: Delhi High Court
The Delhi High Court has held that the refund application was filed twice on the GST portal but could not be uploaded due to technical glitches.The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that during the initial period of the rollout of the GST regime, both taxpayers and the officials of the GST departments faced innumerable difficulties that were being addressed....
Cognizant Technology Rs. 19,000 Crore Buyback Dividend Distribution Tax Controversy: Madras High Court Stays Rs.9403.09 Crores Demand
The Madras High Court has stayed the tax demand of Rs. 9403.09 crore in the case of Cognizant Technology's Rs. 19,000 crore buyback dividend distribution tax controversy.The bench of Justice R. Mahadevan and Justice Mohammed Shaffiq has directed that the assessee, Cognizant Technology, make a payment of Rs. 1500 crores in cash or give a letter to the bank to remit Rs. 1500 crores to the credit...