Blog No. 17: imbroglio of cancellation of registration – vague order

๐–๐ก๐š๐ญ ๐ข๐ฌ ๐ก๐š๐ฉ๐ฉ๐ž๐ง๐ข๐ง๐  ๐š๐ซ๐จ๐ฎ๐ง๐? The registration numbers i.e. GSTIN allotted to the taxpayers are being ๐œ๐š๐ง๐œ๐ž๐ฅ๐ฅ๐ž๐, though for the reasons stated in law, but by way of ๐ฏ๐š๐ ๐ฎ๐ž ๐ฆ๐ž๐š๐ง๐ฌ like date of ๐ฉ๐ž๐ซ๐ฌ๐จ๐ง๐š๐ฅ ๐ก๐ž๐š๐ซ๐ข๐ง๐  is neither mentioned in the show cause notice nor the same is given, or even in the absence of reply to […]

Blog No. 17: imbroglio of cancellation of registration – vague order Read More ยป

Blog No. 16: attachment of escrow bank account to the extent of defaulting taxable person only

๐…๐š๐œ๐ญ๐ฌ ๐จ๐Ÿ ๐ญ๐ก๐ž ๐‚๐š๐ฌ๐ž An Escrow Account is opened in a ratio of 97:3 (Mr A and Mr B). When 97% share was not transferred by Mr B, Mr A came to know that on account of some defaults, attachment proceedings have been initiated by the GST Department against Mr B. GST Department has, therefore,

Blog No. 16: attachment of escrow bank account to the extent of defaulting taxable person only Read More ยป

Blog No. 15: filing of appeal against form gst asmt13 or gst drc-07?

Hash Constructions Versus Deputy Commissioner, SGST, Kerala HC WP(C).No.671 OF 2021(H) ๐…๐š๐œ๐ญ๐ฌ ๐จ๐Ÿ ๐ญ๐ก๐ž ๐‚๐š๐ฌ๐ž  The petitioner did not file returns for the period April 2018 to May 2019. Orders is Form GST ASMT 13 were passed on 15.05.2019, under section 62. Orders in Form GST DRC-07 dated 22.10.2019, 27.11.2019 and 30.11.2019 came to be

Blog No. 15: filing of appeal against form gst asmt13 or gst drc-07? Read More ยป

Blog No. 13: Attachment of immovable property for minuscule amount of demand

๐ƒ๐ž๐œ๐ข๐ฌ๐ข๐จ๐งThe provisional attachment provided in section 83 of the GST Act has always been a subject matter of improper exercise of jurisdiction. In one of the cases, the immovable property worth more than Rs. 10 crores was provisionally attached for an amount of Rs. 3.50 lacs (inclusive of interest and penalty). On a writ being

Blog No. 13: Attachment of immovable property for minuscule amount of demand Read More ยป

Blog No. 12 : Refund of accumulated ITC due to IGST paid on imports under EPCG License from 01-07-2017 to 13-10-2017

Onset of GST was propagated with the philosophy of “NO TAX EXEMPTIONS” and thereby leading to non-amendment of Customs Notification exempting GST levies for import of Capital Goods made under EPCG Licence. However, the same was later amended on 13.10.2017 leaving the position of exemption on imports made during 01.07.2017 to 13.10.2017 disputed. It was

Blog No. 12 : Refund of accumulated ITC due to IGST paid on imports under EPCG License from 01-07-2017 to 13-10-2017 Read More ยป

Blog No. 11: Grounds for enlarging on Anticipatory Bail

In Blog No. 1 & 2, we discussed about types of Bail and grounds to release a person on Regular Bail. In this Blog, we are discussing about Grounds to release a person on Anticipatory Bail. Hon’ble Supreme Court inย ๐™Ž๐™ž๐™™๐™™๐™๐™–๐™ง๐™–๐™ข ๐™Ž๐™–๐™ฉ๐™ฉ๐™ก๐™ž๐™ฃ๐™œ๐™–๐™ฅ๐™ฅ๐™– ๐™ˆ๐™๐™š๐™ฉ๐™ง๐™š ๐™ซ. ๐™Ž๐™ฉ๐™–๐™ฉ๐™š ๐™ค๐™› ๐™ˆ๐™–๐™๐™–๐™ง๐™–๐™จ๐™๐™ฉ๐™ง๐™– reported as (2011) 1 SCC 694ย held that in a

Blog No. 11: Grounds for enlarging on Anticipatory Bail Read More ยป

Blog No. 10: In correct Filling or Non Filing of Form GST TRAN-1

We have observed that Hon’ble Delhi High Court is addressing the issues related to Form GST TRAN-1 with full clarity and fair interpretation of law. In one of the cases, W.P. (C) 10795 of 2020, the court held that ๐ญ๐ก๐ž ๐ฌ๐ฒ๐ฌ๐ญ๐ž๐ฆ ๐ฉ๐ซ๐จ๐ฏ๐ข๐๐ž๐ ๐Ÿ๐จ๐ซ ๐ซ๐ž๐ฏ๐ข๐ฌ๐ข๐จ๐ง ๐จ๐Ÿ ๐ญ๐ก๐ž ๐ซ๐ž๐ญ๐ฎ๐ซ๐ง ๐ฐ๐š๐ฌ ๐ข๐ฆ๐ฉ๐ซ๐š๐œ๐ญ๐ข๐œ๐š๐ฅ ๐š๐ง๐ ๐ฆ๐ž๐š๐ง๐ข๐ง๐ ๐ฅ๐ž๐ฌ๐ฌ, ๐ข๐ง๐š๐ฌ๐ฆ๐ฎ๐œ๐ก ๐š๐ฌ ๐ญ๐ก๐ž ๐๐ž๐š๐๐ฅ๐ข๐ง๐ž

Blog No. 10: In correct Filling or Non Filing of Form GST TRAN-1 Read More ยป

Blog No. 9: Uploading oder on common portal Technicalities of the portal – to what extent a taxpayer is supposed to think?

In one of the cases, taxpayer approached the court with a prayer that he has filed returns within 30 days of service of demand notice and relief be granted to him but to no avail. Because the department argued that the order was communicated to him by uploading on common portal, ๐‘๐ž๐ฏ๐ข๐ž๐ฐ ๐ฉ๐ž๐ญ๐ข๐ญ๐ข๐จ๐ง filed was

Blog No. 9: Uploading oder on common portal Technicalities of the portal – to what extent a taxpayer is supposed to think? Read More ยป

Blog No. 8: Proceedings Initiated by DGGSTI wing located in another state (Refer Point No. 2 as well)

In many cases, it is being observed that summons are issued by more than one Commissionerate. Do they still have the ๐ญ๐ž๐ซ๐ซ๐ข๐ญ๐จ๐ซ๐ข๐š๐ฅ ๐ฃ๐ฎ๐ซ๐ข๐ฌ๐๐ข๐œ๐ญ๐ข๐จ๐ง to carry out the investigation? Recently, Hon’ble Delhi High Court formed a prima facie view that when ๐จ๐ง๐ž ๐‚๐จ๐ฆ๐ฆ๐ข๐ฌ๐ฌ๐ข๐จ๐ง๐ž๐ซ๐š๐ญ๐ž ๐ก๐š๐ฌ ๐ญ๐š๐ค๐ž๐ง ๐ฌ๐ญ๐ž๐ฉ๐ฌ to investigate the affairs of petitioner in relation to the

Blog No. 8: Proceedings Initiated by DGGSTI wing located in another state (Refer Point No. 2 as well) Read More ยป

Disclaimer

Website contains general information only and Paksh Legal is not, by means of this document, inviting, rendering , business, legal, tax, or other professional advice or services. The Bar Council of India does not permit advertisement or solicitation by advocates in any form or manner. By accessing this website, www.pakshlegal.in, you acknowledge and confirm that you are seeking information relating to Paksh Legal of your own accord and that there has been no form of solicitation, advertisement or inducement by Paksh Legal or its members. This document is not a substitute for such professional advice or services, nor should it be used as a basis for any decision or action that may affect your business. Before making any decision or taking any action that may affect your business, you should consult a qualified professional advisor. The content of this website is for informational purposes only.

I accept to above Disclaimer