Search Results for "VAT levy"

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Search Results for "VAT levy"

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High Court

Bombay High Court Quashes GST Provisional Attachment Order for Violation of Natural Justice. Attachment of Bank Accounts and Property Without Prior Hearing Held Invalid Under Section 79(1)(c) of CGST Act, 2017.

26 Mar 2026

The petitioner, Navin Vishwanathan, proprietor of M/s. Oriental Facility, filed a writ petition under Articles 226 and 300A of the Constitution of Ind...

Supreme Court

Supreme Court Allows Revenue's Appeals and Dismisses Assessees' Writ Petitions in GST Input Tax Credit Case — Upholds Constitutional Validity of Section 17(5)(c) and (d) of CGST Act. Court holds that denial of ITC on construction of immovable property used for renting is valid and does not violate Articles 14, 19(1)(g), or 300A.

3 Oct 2024

The case involves a challenge to the constitutional validity of clauses (c) and (d) of sub-section (5) of Section 17 of the Central Goods and Services...

High Court

High Court of Karnataka Adjudicates Intra-Court Appeals Against Order Upholding Blocking of Electronic Credit Ledgers Under Rule 86A of CGST Rules; Considers Requirement of Pre-Decisional Hearing and Bonafide Purchaser Protection.

2 Apr 2024

The appeals arose from a common order dated 27.07.2023 passed by a Single Judge in a batch of writ petitions, rejecting the contentions of the appella...

High Court

Bombay High Court Allows Petitions Challenging Provisional Attachment Orders Under Section 110 of Customs Act, 1962 — Lack of Reasonable Belief and Non-Compliance with Procedural Safeguards. Attachment orders set aside as customs authorities failed to demonstrate reasonable belief that goods were liable to confiscation and did not follow mandatory procedure under Section 110(3) requiring notice within six months.

13 Mar 2024

The judgment pertains to three writ petitions filed by Chokshi Arvind Jewellers and Pallav Gold, challenging provisional attachment orders passed by t...

High Court

Bombay High Court Allows Stay on Interest Demand in MVAT Case — Tribunal Erred in Treating Composite Order as Non-Appealable Under Section 30(2). The court held that an appellate order confirming interest under Section 30(2) of the Maharashtra Value Added Tax Act, 2002, when part of a composite assessment order, is appealable and stay can be granted.

6 Jun 2023

The petitioner, S. K. Trading Co., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 30 Septemb...

High Court

Bombay High Court Allows Writ Petition Against DIC and Sales Tax Department for Refusing Transfer of Property Purchased in SARFAESI Auction — Auction Purchaser Not Liable for Previous Owner's Sales Tax Dues. The court held that the auction purchaser under the SARFAESI Act acquires clear title free from prior encumbrances, and the DIC cannot insist on NOC from Sales Tax for transfer of property.

18 Feb 2021

The petitioner, Medineutrina Pvt. Ltd., purchased an immovable property (plot no.206, MIDC, Butibori, Nagpur) in an auction conducted by Punjab Nation...

High Court

Bombay High Court Upholds TDS Provisions Under Goa VAT Act for Works Contracts — Rule 4A and Entry C-14 Held Valid. Amendment to Section 28(1) of Goa Value Added Tax Act, 2005 for deduction of tax at source from payments to contractors is constitutionally valid and not ultra vires.

1 Aug 2016

The petitioners, including the All Goa Contractors Association and four contractor companies, challenged the constitutional validity of Rule 4A insert...

High Court

High Court of Karnataka Allows Revision Petitions in KVAT Act Case — Remands Matter to Tribunal for Fresh Consideration on Input Tax Credit Disallowance. The court held that the Tribunal must decide appeals on merits and cannot dismiss them without examining the grounds raised by the assessee.

28 Apr 2016

The petitioner, M/s. Manasa Electricals Co., is a trader in electrical goods. For the assessment year 2005-06, the petitioner filed KVAT returns in Fo...

High Court

Karnataka High Court Allows Appeals in Tax Exemption Dispute — Remands for Fresh Consideration of Re-assessment Orders. The court held that the Government Order granting tax exemption under the KVAT Act was valid and binding, and the re-assessment orders passed without considering the exemption were unsustainable.

16 Dec 2015

The appellants, Nandi Infrastructure Corridor Enterprise Limited and others, filed writ appeals against an order dated 12.12.2014 passed by a learned ...

High Court

High Court of Bombay Allows Revenue's Appeal in MVAT Penalty Case — Section 61(2) Does Not Permit Reduction of Penalty Below Statutory Rate. The court held that once a penalty is imposed under Section 61(2) of the MVAT Act, the quantum must be exactly one tenth per cent of total sales, with no discretion to reduce.

15 Sep 2011

The Revenue appealed against a decision of the Maharashtra Sales Tax Tribunal reducing a penalty imposed under Section 61(2) of the Maharashtra Value ...

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