Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Advance-ruling mechanism governs pending GST classification, exemption and taxability disputes, limiting writ review once the specialised forum functi...
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The High Court prima facie found the notification No. 56/2023 issued by the Central Board of Indirect Taxes and Customs to be inconsistent with Section 168(A) of the Central GST Act, 2017. Consequently, any actions based on the said notification would fail. While acknowledging the petitioner's entitlement to reliefs proposed in the Financial Bill 2024, the Court deemed it necessary to examine the applicability of force majeure concerning the notification, considering the Minutes of the 49th GST Council Meeting. However, the respondent authorities were granted an opportunity to present their stance and materials justifying the force majeure claim. Interim protection was granted to the petitioner, prohibiting coercive action based on the impugned assessment order dated 18.04.2024 until the next hearing scheduled for 21.08.2024, with the respondents directed to file affidavits by 19.08.2024.
The High Court prima facie found the notification No. 56/2023 issued by the Central Board of Indirect Taxes and Customs to be inconsistent with Section 168(A) of the Central GST Act, 2017. Consequently, any actions based on the said notification would fail. While acknowledging the petitioner's entitlement to reliefs proposed in the Financial Bill 2024, the Court deemed it necessary to examine the applicability of force majeure concerning the notification, considering the Minutes of the 49th GST Council Meeting. However, the respondent authorities were granted an opportunity to present their stance and materials justifying the force majeure claim. Interim protection was granted to the petitioner, prohibiting coercive action based on the impugned assessment order dated 18.04.2024 until the next hearing scheduled for 21.08.2024, with the respondents directed to file affidavits by 19.08.2024.
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