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Category: Articles & Writeup

Part-136-One Pager Snapshot to Cases-Importance of properly drafted Pleadings in a case and impact on the decision, submission of evidence, framing of issues and making arguments in a case

Part-136-One Pager Snapshot to Cases-Importance of properly drafted...

The importance of a properly drafted pleadings can rarely be ignored. As important is to have the knowledge about the…
Part-135-One Pager Snapshot Judgement on Inverted Duty Refund- M/s Nahar Industrial Enterprises Limited Versus Union of India (Rajasthan HC) Dated 31-10-2023

Part-135-One Pager Snapshot Judgement on Inverted Duty Refund-...

A Judgement would have a far-reaching impact on refund in inverted duty structure involving refund on inputs being raw material,…
Part-134-One Pager Snapshot to Cases on Section 9, 11, 67, 73 of CGST Act, 2017

Part-134-One Pager Snapshot to Cases on Section 9,...

-Authorisation U/Sec 67 would be in respect of business premises of an assessee and cannot be in respect of each…
Part-133-One Pager Snapshot to Cases-Can a new ground raising a factual controversy or a pure legal issue be permitted to be raised at any stage and distinction between the two

Part-133-One Pager Snapshot to Cases-Can a new ground...

It is very often a case wherein question is raised that whether a new ground can be raised subsequently which…
Part-132-One Pager Snapshot to Cases on Section 129 of CGST Act

Part-132-One Pager Snapshot to Cases on Section 129...

Snapshot covers Judgement on levy of penalty wherein there is-Incorrect Mentioning of Distance-Minor Discrepancy in Vehicle Number-Incorrect address mentioned-Tax Charged…
Part-131-One Pager Snapshot to Cases on Section 129 of CGST Act, 2017

Part-131-One Pager Snapshot to Cases on Section 129...

The snapshot covers Judgement on levy of penalty in case wherein there is-Difference In Quantity,-Difference in Name of Recipient,-Incorrect Mentioning…
Part-130-One Pager Snapshot to Cases on Section 6, 29, 30, 50, 107 of CGST Act, 2017

Part-130-One Pager Snapshot to Cases on Section 6,...

-Since the period and subject of investigation of State and Central Authorities were different therefore no violation of Section 6…
Part-129-One Pager Snapshot to Latest Cases on Section 54, 112 of CGST Act, 2017 and Rule 89(5) and working of GST Portal going beyond the provisions of CGST Rules

Part-129-One Pager Snapshot to Latest Cases on Section...

-Interim Stay on order of recovery asking assessee whether an appeal has been filed before Tribunal against Appellate Orders-Claim of…
Part-128-One Pager Snapshot to Latest Cases on Section 16, 54, 67, 73, 74, 130 of CGST Act, 2017 and Rule 36(4), 89(4), 86A of CGST Rules, 2017

Part-128-One Pager Snapshot to Latest Cases on Section...

-Proceedings not valid as SCN does not provide effective opportunity-Allegations not in SCN cannot be submitted through affidavit-No surviving jurisdiction…
Part-127-One Pager Snapshot to Latest Case- Vidya Coal Depot v. Additional Commissioner Grade (Appeal) [2023] 155 taxmann.com 526 (Allahabad)

Part-127-One Pager Snapshot to Latest Case- Vidya Coal...

The case although pertains to Cancellation of Registration but discusses four important principles relying upon past judicial principles on following…
Part-126-One Pager Snapshot to Latest Cases on Section 29, 112 of CGST Act, 2017 and Rule 86A of CGST Rules, 2017

Part-126-One Pager Snapshot to Latest Cases on Section...

-Stay on Recovery subject to deposit of 20% of the amount as Tribunal not ye constituted-Cancellation of Registration on an…
Part-125-One Pager Snapshot to Latest Case-No Interest U/Sec 50 wherein wrong availment and utilisation of ITC in CGST but balance available in IGST Ledger

Part-125-One Pager Snapshot to Latest Case-No Interest U/Sec...

Circular No. 192/04/2023-GST Dated 17th July 2023-IGST wrongly utilised but no interest if aggregate balance in CGST, SGST and IGST…
Part-124-One Pager Snapshot to Latest Cases on Section 5, 6, 29, 169 of CGST Act, 2017 and Rule 86A of CGST Rules, 2017

Part-124-One Pager Snapshot to Latest Cases on Section...

-Registration cannot be cancelled retrospectively when no such action was stated in the SCN-State Tax Officer is competent to block…
Part-123-One Pager Snapshot to Latest Cases on Section 16, 50, 73, 129, 140 of CGST Act, 2017

Part-123-One Pager Snapshot to Latest Cases on Section...

-Can Interest and penalty be levied on Transitional Credit claimed in GSTR-3B as Tran-1 could not be filed due to…
Part-122-One Pager Snapshot to Latest Cases

Part-122-One Pager Snapshot to Latest Cases

Actual Physical Movement and Genuineness of Transactions to be proved for entitlement to claim ITC-Mere common location of petitioner and…
Part-121-One Pager Snapshot to Cases- Principle of Estoppel cannot override the principle of law

Part-121-One Pager Snapshot to Cases- Principle of Estoppel...

Can objection be raised about an infirmity in the procedure followed which was inconsistent with the Principle of Law or…
Part-120-One Pager Snapshot to Cases for Section -129 on Expired Eway Bill-Part IV

Part-120-One Pager Snapshot to Cases for Section -129...

Snapshot contains decisions on the subject matter whether Intent to Evade is to be established for levy of penalty for…
Part-119-One Pager Snapshot to Cases- Principle of Substantial Compliance detailed out in CCE v. Hari Chand Shri Gopal, (2011) 1 SCC 236

Part-119-One Pager Snapshot to Cases- Principle of Substantial...

The distinction between the eligibility criteria and other conditions in the exemption notification and what conditions would be considered as…
Part-118-One Pager Snapshot to Cases for Section -129 on Expired Eway Bill-Part III

Part-118-One Pager Snapshot to Cases for Section -129...

Covers judgement on the issue whether mens-rea is required to be proved for levy of penalty in case of movement…
Part-117-One Pager Snapshot to Cases for Section 129 on Expired Eway Bill-Part II

Part-117-One Pager Snapshot to Cases for Section 129...

-Is intent to evade relevant for Movement of Goods with Expired E-way Bill-Can Penalty be dropped for failure to extend…
Part-116-One Pager Snapshot to Cases for Section -129 on Expired Eway Bill-Part I

Part-116-One Pager Snapshot to Cases for Section -129...

-Goods could not be taken to the destination within the time for reasons beyond the control of the taxpayer-Provisions of…
Part-115-One Pager Snapshot to Latest Case- Commissioner, Customs Central Excise and Service Tax, Patna v. Shapoorji Pallonji & Company (P.) Ltd. [2023] 155 taxmann.com 303 (SC) (13-10-2023)

Part-115-One Pager Snapshot to Latest Case- Commissioner, Customs...

Although a Decision in Service Tax Regime but has the potential impact of invalidating the Circular in GST and also…
Part-114-One Pager Snapshot to Cases for Section 122, 125, 126 and 127 of CGST Act, 2017-Part I

Part-114-One Pager Snapshot to Cases for Section 122,...

-Rule 142(1)(a) is no manner in conflict with any provisions of the Act in view of powers conferred under Section…
Part-113-One Pager Snapshot to the Latest Cases on Section 16(4), 107, 129 of CGST Act, 2017 and Section 10 of IGST Act, 2017

Part-113-One Pager Snapshot to the Latest Cases on...

-Statement of the Driver for goods to be unloaded at other place-Goods not enroute the correct route to destination-Power to…
Part-112-One Pager Snapshot to the Latest Cases on Section 29, 30, 54, 75 and 129 of CGST Act, 2017

Part-112-One Pager Snapshot to the Latest Cases on...

-Amendment to Rule 89(4)(C) to definition of Export would apply prospectively.– Right for refund of the accumulated ITC stands crystalised…
Part-111-One Pager Snapshot to Latest Cases on Section 73, 75, 107, 140, 155, 169 and 171 of CGST Act, 2017

Part-111-One Pager Snapshot to Latest Cases on Section...

-SCN asking petitioner to pay dues instead of giving show cause is a minor mistake-Order passed without serving notice as…
Part-110-Snapshot to Legal Cases-

Part-110-Snapshot to Legal Cases-

Whether a Notice served within limitation period was bad in law because assessee was asked to appear on a public…
Part-109-One Pager Snapshot to cases in Service Tax regime on invoking extended period-(Section 73 of Finance Act, 1994 which was similar to Section 73/74 of CGST Act, 2017)-Part-IV

Part-109-One Pager Snapshot to cases in Service Tax...

-Availing of ITC cannot be termed as illegal when Tax was paid under RCM on services which were exempted from…
Part-108-One Pager Snapshot to cases in Service Tax regime on invoking extended period-(Section 73 of Finance Act, 1994 which was similar to Section 73/74 of CGST Act, 2017)-Part-III

Part-108-One Pager Snapshot to cases in Service Tax...

-Extended period not invokable for payment of tax under RCM as revenue received entire tax i.e. partly from recipient and…
Part-107-One Pager Snapshot to cases in Service Tax regime on invoking extended period-(Section 73 of Finance Act, 1994 which was similar to Section 73/74 of CGST Act, 2017)-Part-II

Part-107-One Pager Snapshot to cases in Service Tax...

-No suppression as matter of pure interpretation and represented before audit & investigation by assessee-No suppression or will misstatement when…