Withholding of Refund Order was Quashed as no Reasons of Fraud or Malfeasance 2021 (2) TMI 924 – Allahabad High Court in M/S Bushrah Export House Thru Sole Prop. Asif Ali Versus U.O.I. Thru Secy. Finance Ministry Revenue Deptt. & Ors. Facts of the Case
Case Covered: Basant Pherumal Makhija Versus State of Gujarat Issue: The applicant was arrested on 09.12.2020, for the allegations of total evasion of GST and disposing of the manufactured goods without showing any record about its manufacturing activity and has applied for regular bail. Brief
Case Covered: M/s KMC Constructions Ltd. Versus Principal Commissioner of Central Tax Issue: Provisional attachment of the bank account of the petitioner continued even after the expiry of 1 year. Brief Facts of the Case: • Petitioner’s bank account was provisionally attached on 07.06.2019 by
Case Covered: M/s Surat Mercantile Association Versus Union of India Oral Order: We have heard Mr. Vinay Shraff, the learned counsel assisted by Mr. Parth Shah, the learned counsel appearing for the writ applicants. The subject matter of challenge in the present writ application is
Case Covered: Asian Organo Industries Versus The Principal Commissioner of Customs Issue: IGST refund was withheld on the grounds that petitioner has availed Higher duty drawback instead of on lower duty drawback on export of goods. Brief Facts of the Case: • Petitioner is engaged
Case Covered: Pinax Steel Industries Pvt Ltd Versus State of Bihar Issue: Authority has passed the order without giving an opportunity of personal hearing and also not considered the reply filed by the petitioner is pure violation of principles of natural justice. Brief Facts of
Case Covered: GST Practitioners Association Versus Union Of India Issue: Goods and Service Tax Practitioners’ Association, has filed a writ petition seeking for extension of the due date for filing Annual Return for the FY 2019-20 in the state of Maharashtra under Sec 44 of
Case Covered: M/s Asiatic Clinical Research Pvt Ltd Versus Union Of India Issue: Refund applications under Section 54 of the CGST Act, 2017 of the petitioner were rejected by the departmental authority without giving any opportunity for a personal hearing. Brief Facts of the Case:
Case Covered: Excellence Private Limited Versus The Commissioner of Income Tax Facts of the Case: The appeals in these cases are by both the assessees as well as the Department of Revenue, Ministry of Finance [“Revenue”]. Whereas the assessees have succeeded in the question that
Inclusion of Software Payments In The Definition of ‘Royalties’? Excellence Private Limited Vs. The Commissioner of Income Tax & Anr Civil Appeal Nos. 8733 – 8734 OF 2018 Dated 03 .03. 2021 I. Important Definitions 1) In India, “software” has been defined under the Income
