Search Results for "Section 161 CGST"

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Gujarat High Court Quashes GST Order for Non-Compliance with Section 161 of CGST Act — Remands for Fresh Speaking Order. Order-in-Original failed to satisfy ingredients of Section 161 of Central Goods and Service Tax Act, 2017, leading to withdrawal and remand.

The petitioner, M/s. Humble Plastics Pvt. Ltd., filed a Special Civil Application under Article 226 of the Constitution before the Gujarat High Court ...

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High Court of Judicature at Bombay Considers Whether Petitioner is Entitled to Refund of Unutilized Input Tax Credit Under GST Laws. The Court Examines Whether the Petitioner Company Supplying Services to Foreign Group Companies Qualifies as an 'Agent' Under Section 2(5) of CGST Act.

The writ petition under Article 226 of the Constitution of India challenged two Orders-in-Appeal dated 10.08.2023 passed by the Deputy Commissioner of...

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Bombay High Court Considers GST Liability on Royalty Payments to Court Receiver in Commercial Property Dispute. The Court Examines Whether Payments to a Court Receiver Under Order XL CPC Constitute Taxable Supply Under the CGST Act, 2017 and Whether GST Should be Discharged via Reverse Charge Mechanism.

The Bombay High Court, in a Court Receiver's Report arising from a commercial suit for recovery of possession of three shops used as a restaurant, exa...

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Bombay High Court Quashes GST Demand Against University for Violation of Natural Justice — Failure to Grant Personal Hearing Renders Order Illegal Under Section 74(1) of CGST Act, 2017. Circulars Mandating Personal Hearing Before Adverse Order Are Binding on Adjudicating Authority.

The University of Mumbai, established under the Bombay University Act, 1953 and later governed by the Maharashtra Public Universities Act, 2016, filed...

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Bombay High Court Allows Liquidator's Petition Against Service Tax Demand on Deemed Sale Transaction. VAT Already Levied on Same Transaction Under MVAT Act Precludes Service Tax Under Finance Act, 1994.

The petitioner, Nayana Premji Savala, as Liquidator of Swire Oilfield Services India Private Limited (company in liquidation), filed a writ petition c...

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Bombay High Court Quashes Show Cause Notice in CENVAT Credit Case Due to Violation of Natural Justice. Non-supply of documents and denial of cross-examination vitiated the notice under Article 226 of the Constitution.

The petitioner, Supermax Personal Care Pvt. Ltd., a company engaged in manufacturing excisable goods such as safety razors, blades, and shaving system...

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High Court of Madras Disposes of Batch of Writ Petitions Challenging Income Tax and GST Assessment Orders, Suo Motu Impleads State Bank of India. No specific legal finding or ratio is discernible from the available text.

The High Court of Madras heard a batch of writ petitions filed by multiple corporate entities, including Aqua Terra Coke and Energy Limited (formerly ...

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Supreme Court Upholds Section 498A IPC as Constitutionally Valid but Issues Guidelines to Prevent Misuse. The court held that the provision is not unconstitutional but requires safeguards against misuse through directions on arrest, investigation, and compounding of offences.

The Supreme Court in this batch of writ petitions and appeals considered the constitutional validity of Section 498A of the Indian Penal Code, 1860, w...

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NCLAT Dismisses Appeal Against Assignment of Debt by Government Authority in CIRP. Assignment of operational debt by a government authority to a private entity is valid under the IBC, and the assignee becomes an operational creditor with voting rights in the CoC.

The appeal was filed by Ellison Oil Field Services Pvt. Ltd. against an order of the NCLT, Mumbai Bench 1 dated 21.08.2024, which dismissed an applica...