CA Shaifaly Girdharwal is a GST consultant, Author, Trainer and a famous You tuber. She has taken many seminars on various topics of GST. She is Partner at Ashu Dalmia & Associates and heading the Indirect Tax department. She has authored a book on GST published by Taxmann.
Comment
The court allows the present writ petition, setting aside the order dated 25.11.2022, and remits the matter to the Assistant Commissioner, State Tax, Sector-6, Aligarh, to issue a fresh notice with a […]
Comment
The Taxpayer wanted to file an appeal after the time mentioned in CGST Act. They argued that the limitation act is relevant here. The court denied their plea and said that the CGST Act is a complete […]
Comment
The court’s decision to allow compliance with the conditions stated in the notification, despite the petitioner’s situation, reflects a balanced approach to ensure fairness in tax appeal […]
Comment
The court’s decision to set aside the penalty order and direct a fresh assessment aligns with principles of fairness and adherence to legal requirements. It underscores the importance of establishing […]
In an important updated the Delhi sales tax bar association demonstrated against the department.The reason behind that was the vague notices and orders by the GST department.
AI generated vague notices
The […]
Comment-
Every exporter using Paypal should be aware of this judgment. VEry important as in many cases the refund of tax on export was denied if the payment is received in rupees. In the case of an amount […]
Comment-
A search was conducted at the premises of the taxpayer. Lateron the same officer issues the notice. The SC decision in case of Ashok Kumar Yadav and others v. State of Haryana and others, (1985) 4 SCC […]
Comment-
This is one of the controversial judgments in GST. As we all know that many of us are deprived of our valid input tax credit because it was not claimed in GTSR 3b.
Commentary on the case-
In this judgment there was a typographical error in the vehicle number in E-way bill. The documents were cross checked at a check point and there was difference in vehicle number filled in […]
In a recent development the honourable SC has held that electoral bonds are unconstitutional. The court also made some observations regarding section 182 of Companies Act. This section was amended to go away with […]
Details of the case
In the case of M/s Surya Business Private limited Vs the State of Assam, it was held that tax paid by the TP but was not appearing in 2A shall not be disallowed.
Pleading
The present petition has been filed to assail the order dated 21.2.2023 passed by the Joint Director (CGST) (Appeals), Noida. “The operative portion of the order reads as be […]
Expat salary is under the lanses of Department. The supreme court already decided in a the case of Northern Operating Systems Private Limited (NOS). In this case the amount was deemed to be service and was made […]
Introduction
In a recent ruling, the Delhi High Court underscored the imperative for the Delhi Development Authority (DDA) to adhere to principles of natural […]
Comment
There were differences in various documents but that was corrected by the taxpayer. In case the correct documents are presented before the authorized before passing the order then it should be accepted by […]
Comment
The specific case of the petitioner is that there is no allegation against the petitioner but the entire allegation has been made against the supplier from whom the petitioner procured the goods.
Details […]
CA Shafaly Girdharwal
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active 4 years, 10 months agoCA Shafaly Girdharwal
CA Shaifaly Girdharwal is a GST consultant, Author, Trainer and a famous You tuber. She has taken many seminars on various topics of GST. She is Partner at Ashu Dalmia & Associates and heading the Indirect Tax department. She has authored a book on GST published by Taxmann.
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Read InterviewCA Shafaly Girdharwal wrote a new post, Fair Hearing: M/S Gaurav Enterprises vs. State of U.P. 3 months, 3 weeks ago
Comment
The court allows the present writ petition, setting aside the order dated 25.11.2022, and remits the matter to the Assistant Commissioner, State Tax, Sector-6, Aligarh, to issue a fresh notice with a […]
CA Shafaly Girdharwal wrote a new post, Taxpayer’s Appeal Denied: Department v. Taxpayer” 3 months, 3 weeks ago
Comment
The Taxpayer wanted to file an appeal after the time mentioned in CGST Act. They argued that the limitation act is relevant here. The court denied their plea and said that the CGST Act is a complete […]
CA Shafaly Girdharwal wrote a new post, “Equitable Tax Appeal: Nexus Motors Private Limited v. The State of Bihar” 3 months, 3 weeks ago
Comment
The court’s decision to allow compliance with the conditions stated in the notification, despite the petitioner’s situation, reflects a balanced approach to ensure fairness in tax appeal […]
CA Shafaly Girdharwal wrote a new post, Tax Fairness: M/S Sanjay Sales Agency v. State of U.P. 3 months, 3 weeks ago
Comment
The court’s decision to set aside the penalty order and direct a fresh assessment aligns with principles of fairness and adherence to legal requirements. It underscores the importance of establishing […]
CA Shafaly Girdharwal wrote a new post, Whether the IBC will prevail GST- Judgment 2024 4 months ago
Petitioner
Eden Real Estates Pvt. Ltd. & Anr
Respondent
The Assistant Commissioner of State Tax, Bhabanipur Charge & Ors.
Comment
Whether the provisions of IBC will supersede the pr […]
CA Shafaly Girdharwal wrote a new post, Delhi Sales tax bar demonstration against vague notices and orders of Deptt 4 months ago
In an important updated the Delhi sales tax bar association demonstrated against the department.The reason behind that was the vague notices and orders by the GST department.
AI generated vague notices
The […]
CA Shafaly Girdharwal wrote a new post, Exporters receiving payment via Paypal are eligible for GST refund- HC 4 months ago
Comment-
Every exporter using Paypal should be aware of this judgment. VEry important as in many cases the refund of tax on export was denied if the payment is received in rupees. In the case of an amount […]
CA Shafaly Girdharwal wrote a new post, The officer searched u/s 67of GST can’t adjudicate- Madras HC 4 months ago
Comment-
A search was conducted at the premises of the taxpayer. Lateron the same officer issues the notice. The SC decision in case of Ashok Kumar Yadav and others v. State of Haryana and others, (1985) 4 SCC […]
CA Shafaly Girdharwal wrote a new post, ITC cant be rejected only because it was not claimed in GSTR 3B-HC 4 months ago
Comment-
This is one of the controversial judgments in GST. As we all know that many of us are deprived of our valid input tax credit because it was not claimed in GTSR 3b.
This is the normal understanding […]
CA Shafaly Girdharwal wrote a new post, Typographical error in vehicle number- High court decision on penalty 4 months, 1 week ago
Commentary on the case-
In this judgment there was a typographical error in the vehicle number in E-way bill. The documents were cross checked at a check point and there was difference in vehicle number filled in […]
CA Shafaly Girdharwal wrote a new post, CBIC issued procedure for amendment in Bill of entry [download pdf] 4 months, 1 week ago
CBIC has issued a notification for the process of amendment in bill of entry. The procedure will be based on various amendments as per their nature.
Author can be reached at shaifaly.ca@gmail.com
Self […]
CA Shafaly Girdharwal wrote a new post, A cost of Rs. 50,000 levied on conducting the search during moratorium period by the GST department 4 months, 1 week ago
Brief summary of the case-
CE Category- NCLAT interplay with GST
Author can be reached at shaifaly.ca@gmail.com
A cost of Rs. 50,000 was levied on the department for conducting search during the moratorium […]
CA Shafaly Girdharwal wrote a new post, Benami Act will apply to past transactions where the property is “held” even after its applicability 4 months, 1 week ago
Commentary-
An important judgment where the Apex courts judgment was clarified so as to cover the past transactions in Benami
The applicability of Benami Act was settled by the Apex court in case of […]
CA Shafaly Girdharwal wrote a new post, Provisions of electoral bonds are unconstitutional- SC 4 months, 2 weeks ago
In a recent development the honourable SC has held that electoral bonds are unconstitutional. The court also made some observations regarding section 182 of Companies Act. This section was amended to go away with […]
CA Shafaly Girdharwal wrote a new post, ITC can be claimed on invoices. HC dropped the notice 4 months, 2 weeks ago
Details of the case
In the case of M/s Surya Business Private limited Vs the State of Assam, it was held that tax paid by the TP but was not appearing in 2A shall not be disallowed.
Citations
Suncraft […]
CA Shafaly Girdharwal wrote a new post, AA can’t remind back the case to adjudicating authority- HC 4 months, 2 weeks ago
Details of the case
Pleading
The present petition has been filed to assail the order dated 21.2.2023 passed by the Joint Director (CGST) (Appeals), Noida. “The operative portion of the order reads as be […]
CA Shafaly Girdharwal wrote a new post, Bombay High court stayed the order demanding tax on Expat Salary 4 months, 3 weeks ago
Expat salary is under the lanses of Department. The supreme court already decided in a the case of Northern Operating Systems Private Limited (NOS). In this case the amount was deemed to be service and was made […]
CA Shafaly Girdharwal wrote a new post, “Delhi High Court’s Procedural Fairness Ruling” 5 months ago
Introduction
In a recent ruling, the Delhi High Court underscored the imperative for the Delhi Development Authority (DDA) to adhere to principles of natural […]
CA Shafaly Girdharwal wrote a new post, No Penalty if the documents are produced before passing the order 5 months ago
Comment
There were differences in various documents but that was corrected by the taxpayer. In case the correct documents are presented before the authorized before passing the order then it should be accepted by […]
CA Shafaly Girdharwal wrote a new post, Yet another case to drop the E -way bill penalty 5 months ago
Comment
The specific case of the petitioner is that there is no allegation against the petitioner but the entire allegation has been made against the supplier from whom the petitioner procured the goods.
Details […]