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Deptt cant reverse ITC ignoring the fact that form was not available on the Portal (Pdf Attach)
Cases Covered: M/S Tikona Infinet Private Limited vs State of U.P. and Another Facts of the case The petitioner is a registered Company engaged in providing internet service across India from various State including the State of U.P. The petitioner entered into a Business Transfer
CA Shafaly GirdharwalException for opportunity of being heard – Keshav Mills (Pdf Attach)
Cases Covered: THE KESHAV MILLS COMPANY LTD. & ANR VS UNION OF INDIA AND ORS Facts of the Cases: This is one of the historical cases related to the principle of natural justice. Every person should be given an opportunity of being heard. In this
CA Shafaly GirdharwalService tax scn issued after GST
Cases Covered: M/s. M. L. Dalmiya & Co. Ltd. & Anr. Vs The Additional Commissioner CGST & CX Facts of the Cases: I’m pleased to announce that the Hon’ble Calcutta High Court, where the case was argued by Advocate Ankit Kanodia, has rendered a significant
Detention of goods for wrong classification (Pdf Attach )
Cases Covered: M/S Khan Enterprises Vs Additional Commissioner And Another Citations: Anandeshwar Traders vs. State of U.P. Mohinder Singh Gill and another vs. The Chief Election Commissioner,New Delhi and others M/s Riya Traders vs. State of U.P. And another M/s Margo Brush India and others
CA Shafaly GirdharwalAssessee didnt responded to the Notices- Writ for cancelled registration set aside (Pdf Attach)
Cases Covered: Karmaxx Infotech VS The Assistant Commissioner Citation: 1. Kaur & Singh v Collector of Central Excise, Facts of the case The principal place of business was changed by the taxpayer. But the information was not updated on the GST portal.The unregistered office of
CA Shafaly GirdharwalDepartment didn’t adjourned the time for reply and rejected refund- Rejection dropped by court
Cases Covered: Wallem Shipmanagement (India) Pvt. Ltd. Versus The Union of India & Ors Facts of the case A refund application was filed by the taxpayer. The respondent issued a SCN. The applicant requested for the extension of the hearing date as there was a PANDEMIC
CA Shafaly GirdharwalCreation a New Time limit for Reporting of invoice
The GST e-invoice system issued an Update on September 11, 2023, indicating that, as per the directives of the GST Authority, a 30-day time limit for reporting invoices from the date of their issuance is now mandatory for e-invoice portals. This requirement applies to taxpayers
Refund rejected without proper reasons was set aside (Pdf Attach)
Cases Covered: CHEGG INDIA PVT LIMITED VS COMMISSIONER OF CENTRAL GOODS AND SERVICES TAX Facts of the case The petitioner is, inter alia, engaged in the business of software development, content development, marketing and other IT and IT enabled services in the field of education
CA Shafaly GirdharwalMere payment via bank account wont make ITC eligible- Aastha Enterprises (PDF)
Cases Covered: M/s Aastha Enterprises VS State of Bihar through the Commissioner of Commercial State Taxes Citation: Sri Vinayaga Agencies v. The Assistant Commissioner (CT) & Anr. M/s D.Y. Beathel Enterprises v. The State Tax Officer ALD. Automotive Pvt. Ltd. v. The Commercial Tax Officer
CA Shafaly GirdharwalThe information shared with lawyers is priviledged- Himangshu kumar (Pdf Attach)
Case Covered: HIMANGSHU KUMAR RAY VS STATE OF WEST BENGAL Citation: 1. State of Punjab v. Sodhi Sukhdev Singh 2. Bakaulla Mollah v. Debiruddin Mollah Facts of the case An order was passed on the taxpayer. Soon after the impugned order was passed by the
CA Shafaly GirdharwalNo penalty of E way bill when goods pass through the state and there is no evasion. (Pdf Attach)
Case Covered: J.K. Cement Ltd. Vs State Of U.P And 3 Others Facts of the case The petitioner being registered company incorporated under the Companies Act, 1956 is engaged in the manufacture and sale of cements, wall putty, adhesives etc. The petitioner is duly registered
CA Shafaly GirdharwalMarketing the softwares sold by the foreign principal is not taxable in service tax (Pdf Attach )
Case Covered: Sun Microsystems (I) PVT LTD., vs Commissioner of Central Excise & Service Tax , LTU Citation: 1.M/s Arcelor Mittal Stainless India Pvt. Ltd. V/s Commissioner Service Tax, Mumbai-II Facts of the case The appellant is a subsidiary. It markets the
CA Shafaly Girdharwal