High Court answers: Company not being party to proceedings before the Collector (Stamps), it is in the interest of justice that re-adjudication proceedings be made, strictly in accordance with law

In a recent case, the Single Judge Bench of Hon’ble Rajasthan High Court has remanded the matter to Collector (Stamps) on the ground that the Company was not a party to the proceedings initiated by Collector (Stamps). Brief facts of the present case, were that the two petitioners, namely Sh. Hari Chand Girdhar (Petitioner No. …

Fate of Rule 89(5) of GST Law to be decided as Supreme Court fixes the matter for final hearing on 28.04.2021.

The Hon’ble Supreme Court in SLP (C) 16003/2020 along with other batches of SLP (C) filed by the Union of India against the Hon’ble Gujarat High Court judgement of VKC Footsteps v. UOI 2020 (7) TMI 726 and filed by Assessees against the Hon’ble Madras High Court judgement in TVL. Transtonnelstroy Afcons Joint Venture V. …

Pre-SCN Consultation not a joke! 3 SCNs quashed by the Hon’ble Delhi High Court on the ground that no Pre-SCN consultation was done.

In the recent of the cases, the Division Bench Hon’ble Delhi High Court has quashed back-to-back 3 Show Cause Notices issued against 3 petitioners on the ground that no Pre-SCN consultation was done, which is a mandatory criterion, as laid down by CBEC in its Master Circular No. 1053/2/2017-CX dated 10.03.2017. The Respondents while issuing …

Delhi High Court reiterates principle of pronouncement of Judgment within 2 months from the date of final hearing

Delhi High Court in a recent judgment has issued a direction to the National Consumer Dispute Redressal Commission (hereinafter referred to as “NCDRC”) inter-alia that whenever judgments are reserved, they ought to be pronounced in accordance with the timelines prescribed with the timelines prescribed in the case of Anil Rai v. State of Bihar, …

Finance Bill 2021: Overview of proposals on CGST Act, Customs Act and CST Act

Hon’ble F.M. Mrs. Nirmala Sitharaman unveiled the budget 2021-22 and also issued Finance Bill covering various tax proposals.  Overall, our view is that it is a balanced and a progressive budget presented by the government which will go a long way in the overall development especially the physical and the health infrastructure of our country. …

Recording of reason that facts cannot be verified at appellate level is wholly arbitrary

Citation: M/s Ansari Construction v. Additional Commissioner, CGST, Writ Tax No. 626 of 2020, Allahabad HC In a recent case that came up before Hon’ble Allahabad High Court, the Petitioner proprietorship firm’s certificate of registration had been cancelled by an ex-parte order on the ground that returns for six consecutive months were not filed. The …