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Order of attachment of immovable properties of the Company as well as the Directors of the Company has been challenged before the Court in a Special Civil Application.
Superfine Impex Pvt. Ltd. vs. UOI
(2021) TaxCorp(IDT) 4536 (HC-GUJARAT)
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The condition for provisional attachment enumerated in Valerius Industries has not been fulfilled in the instant case, and hence, removal of attachment of the five bank accounts in writ applicant’s favour is directed.
TS-1155-HC-2020(GUJ)-NT-JAY AMBEY FILAMENT PVT LTD
(2021) TaxCorp(IDT) 4535 (HC-GUJARAT)
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The refund was not being paid for the reason that the assessee had inadvertently mentioned the drawback claim under column-A instead of column-B.
Aniket Exports vs. UOI
(2021) TaxCorp(IDT) 4534 (HC-GUJARAT)
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When Rule 92(3) of the CGST Rules, 2017, makes it clear that hearing is mandatory before rejecting any application for refund, the Assessing Authority as well as the Appellate Authority, in their respective orders, have arbitrarily and by total non application of mind to the said Rule.
World Home Textiles Inc vs Addl. Commissioner (Appeals)
(2021) TaxCorp(IDT) 4533 (HC-MADRAS)
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It cannot be held that provisions of Section 130 of the Act could be invoked in cases of conveyance/goods detained/seized while in transit only if there is failure to pay the amount of tax and penalty as provided under section 129(6) of the Act.
M.S. Meghdoot Logistics vs. Commercial Tax Officer
(2021) TaxCorp(IDT) 4530 (HC-KARNATAKA)
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GST Council is directed to issue necessary recommendation to the Commissioner to enable the Assessee to get the benefit of CENVAT credit within the stipulated time as stipulated by the Union of India.
Sunil Kumar & Company vs. Union of India
(2021) TaxCorp(IDT) 4526 (HC-RAJASTHAN)
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As such, the blockage of the credit ledger and the impugned order cannot be sustained.
Aryan Tradelink vs. The Union of India
(2021) TaxCorp(IDT) 4525 (HC-GUJARAT)
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Assessee had deposited the amount of tax and penalty, despite which an order in FORM GST DRC07 was received by it showing the demand details.
Libra International Limited vs. Assistant Commissioner of Commercial Tax and Anr.
(2021) TaxCorp(IDT) 4524 (HC-ALLAHABAD)
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The detention in question cannot be said to be unjustified.
K.M. Oil Industries vs. Assistant State Tax Officer
(2021) TaxCorp(IDT) 4523 (HC-KERALA)
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Rule 86A of the CGST Rules mandates that the Commissioner or Officer who is authorized, can block credit ledger if he has reasons to believe that any of the circumstances enumerated under the Rules exist and that such officer must record reasons, and highlighting that in present case no reasons have been assigned.
Aryan Tradelink vs. The Union of India
(2021) TaxCorp(IDT) 4522 (HC-KARNATAKA)
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When a statutory form is created by law for redressal of grievance, a writ petition should not be entertained ignoring the statutory dispensation.
Radha Krishan Industries vs. State of H.P. and Others
(2021) TaxCorp(IDT) 4519 (HC-HP)
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DGAP’s claim that MRF had not passed the benefit of tax reduction by increasing the base price in the post reduction period, is contrary to its clarification and is required to explain the contradiction made in its Reports.
DGAP vs. MRF Corp. Ltd.
(2021) TaxCorp(IDT) 4516 (NAA)
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Since no penalty provisions were in existence when the violation was committed, therefore penalty cannot be imposed retrospectively.
DGAP vs. Aster Infrahome Pvt. Ltd.
(2020) TaxCorp(IDT) 4513 (NAA)
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Since no penalty provisions were in existence when the Respondent had violated the provisions of Section 171(1), the penalty cannot be imposed on the Respondent retrospectively.
DGAP vs. Sharma Trading Company
(2020) TaxCorp(IDT) 4512 (NAA)
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Merely because there is a proceeding under section 67 would not mean that recourse to such a drastic power as under section 83 would be an automatic consequence, more so when the petitioner has cooperated with the investigation.
AJE India Pvt Ltd vs. UOI
(2020) TaxCorp(IDT) 4511 (HC-BOMBAY)
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The work awarded is in respect of civil works of a Small Hydro Electric Project in the existing dam and hence, can’t be considered as civil work for canal, dam or other irrigation works to be eligible for concessional rate of tax under the said entry.
In the matter of R.S. Development & Construction Pvt. Ltd.
(2020) TaxCorp(IDT) 4509 (AAR)
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Revenue is directed to immediately sanction the refund towards the IGST paid in respect to the goods exported i.e. Zero Rated Supplies made vide the shipping bills.
Awadkrupa Plastomech Pvt. Ltd. vs. UOI
(2020) TaxCorp(IDT) 4508 (HC-GUJARAT)
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Since no penalty provisions were in existence during the profiteering period above mentioned, penalty prescribed under section 171(3A) cannot be imposed retrospectively.
DGAP vs. M/s Fusion Buildtech Pvt. Ltd.
(2020) TaxCorp(IDT) 4506 (NAA)
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It cannot be said that exercise of power under Rule 86A for the purpose of blocking the ITC is mala fide or without any application of mind.
S.S. Industries vs. UOI
(2020) TaxCorp(IDT) 4505 (HC-GUJARAT)
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Commencement of investigation under section 67, can be said to be the start of a proceeding and investigation can be initiated by either the concerned officer/jurisdictional officer or by any other agencies empowered under the CGST Act to issue summons and investigate.
In the matter of Tirumala Milk Products Pvt Ltd
(2020) TaxCorp(IDT) 4503 (AAR)
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