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Bombay High Court Allows Customs Appeal Against CESTAT Order Waiving Late Fees for Delayed Bill of Entry Filing. Late Fee Under Section 46(3) of Customs Act, 1962 Is Mandatory and Not Discretionary for Delayed Filing Beyond Prescribed Period.

The Principal Commissioner of Customs, Pune, filed an appeal under Section 130 of the Customs Act, 1962 against the final order of the Customs, Excise...

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Bombay High Court Allows Appeal in MVAT Case — Works Contract Valuation Must Exclude Land Value Under Rule 58. Land value deduction under Rule 58 of MVAT Rules is mandatory for works contracts involving transfer of immovable property, and the Tribunal erred in restricting deduction to 20%.

The Appellant, Oasis Realty, an association of persons registered under the Maharashtra Value Added Tax Act, 2002 (MVAT Act) and Central Sales Tax Act...

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Supreme Court Hears Appeals Against High Court Quashing of Tax Assessment in Inter-State Gas Sale Dispute. State Imposed Tax on Sale of Natural Gas Extracted Under Production Sharing Contract, High Court Quashed Assessment and Directed Refund.

The Supreme Court of India heard a group of civil appeals filed by the State of Uttar Pradesh against the judgment of the Allahabad High Court, Luckno...

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Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

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Bombay High Court Quashes Tribunal Order Directing Displaced Officer to Resume Post Without Hearing Petitioner. Transfer Order Upheld as Petitioner Had Already Taken Charge, Violating Principles of Natural Justice.

The Petitioner, Shri Rajendra s/o Maruti Najan, was posted as Tahsildar (Revenue) in Collector Office, Nashik since 23 April 2020. By order dated 12 A...

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Supreme Court Allows Revenue Appeals in Service Tax on Airport Development Fee Case. User Development Fee Collected by Airport Operators Under Statutory Authority is Not Subject to Service Tax Under Finance Act, 1994.

The Supreme Court considered appeals by the revenue against CESTAT orders that had held user development fee collected by airport operators not liable...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in MSME Dispute — No Interference Under Section 34 of Arbitration Act. Court upholds award based on admission of liability and failure to object to jurisdiction before Facilitation Council.

The petitioner, Nexus Infratech, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award passed ...

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Bombay High Court Upholds Validity of Rule 17(2) of the PAN Rules, 2019 in GST Registration Cancellation Case. Rule requiring PAN Aadhaar linking for GST registration revival is intra vires the Finance Act, 2017 and not violative of Article 14 or Article 19(1)(g) of the Constitution.

The petitioners, Raju Laxman Pachhapure and Amit Pramod Minache, filed two writ petitions under Article 226 of the Constitution of India challenging t...

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Bombay High Court Dismisses Revenue Appeal in Central Excise Clandestine Removal Case — CESTAT Order Upheld for Lack of Evidence. Allegation of removal of 1,687,585.511 kg of yarn without duty payment fails as Revenue could not prove clandestine removal beyond reasonable doubt.

The Principal Commissioner of Central GST & C. Ex., Daman Commissionerate, filed an appeal under Section 35G of the Central Excise Act, 1944, against ...