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No penalty u/s 74 for wrong availment of ITC but penalty can be imposed for wrong utilisation of ITC

Brief summary of the case Court: IN THE HIGH COURT OF JUDICATURE AT MADRASNumber: W.P.No.3474 of 2021Petitioner: Aathi HotelRespondent: Assistant Commissioner ST FACDate of decision: 08.12.2021Judges: The Honourable Mr.justice C.saravanan Download Aathi Hotel Vs Assistant Commissioner ST FAC GST Case

No penalty u/s 74 for wrong availment of ITC but penalty can be imposed for wrong utilisation of ITC Read More »

Service of notice and order on same day liable to be quashed since no breathing time allowed for reply

Brief summary of the case Court: THE MADURAI BENCH OF MADRAS HIGH COURTNumber: W.P.(MD)No.6588 of 2021Petitioner: Balaji TradersRespondent: State Tax OfficerDate of decision: 24.09.2021Judges: The Honourable Mr.justice R.suresh Kumar Download Balaji Traders Vs State Tax Officer GST Case

Service of notice and order on same day liable to be quashed since no breathing time allowed for reply Read More »

If option to pay tax has been opted under Section 74 then interest and penalty also has to be paid under Section 74 to quash the proceedings

Brief summary of the case Court: IN THE HIGH COURT OF KERALA AT ERNAKULAMNumber: W.P.(C) No. 20468 of 2020(G)Petitioner: Muhammed Kochudiyil Ishabeevi Alias Isha ShaefiRespondent: State Tax Officer IntelligenceDate of decision: 30.12.2020Judges: The Honourable Mr. Justice A.k.jayasankaran Nambiar Download Muhammed Kochudiyil Ishabeevi Alias Isha Shaefi Vs State Tax Officer Intelligence GST Case

If option to pay tax has been opted under Section 74 then interest and penalty also has to be paid under Section 74 to quash the proceedings Read More »

Draft Audit Report and Final Report cannot be issued on the Same Date

Brief summary of the case Court: IN THE HIGH COURT OF ORISSA AT CUTTACKNumber: W.P.(C) No. 26443 of 2022Petitioner: Simon Carves India Ltd.Respondent: Commissioner Of Income-TaxDate of decision: 09.11.2022Judges: Honourable The Chief Justice and Justice M.s. Raman Download Simon Carves India Ltd. vs Commissioner Of Income-Tax GST Case

Draft Audit Report and Final Report cannot be issued on the Same Date Read More »

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