Tag Archives: HIGH COURT OF GAUHATI

Service tax demands based blindly on Form 26AS data without independent verification or justified invocation of the extended period are legally unsustainable. Issue Whether the tax department is legally justified in raising a service tax demand under the extended period of limitation for the period 2016-17 based solely on the data reflected in the income-tax… Read More »

GST Registration Restored On Condition Of Filing All Pending Returns And Paying Outstanding Dues Issue Whether a GST registration cancelled due to the continuous non-filing of statutory tax returns for six months can be restored via writ jurisdiction, and what conditions the taxpayer must fulfill to achieve restoration. Facts The petitioner is a proprietorship concern… Read More »

Bona Fide Purchasers Cannot Be Punished or Denied Input Tax Credit Solely Due to a Supplier’s Tax Deposit Default Issue Whether a bona fide purchasing dealer, who has complied with all statutory conditions and paid the tax amount to registered suppliers through legitimate banking channels, can be denied Input Tax Credit (ITC) and subjected to… Read More »

Input Tax Credit Cannot Be Denied To A Bona Fide Purchaser Solely Due To A Supplier’s Default In Depositing Tax Absent Any Evidence Of Collusion Input Tax Credit Cannot Be Denied To A Bona Fide Purchaser Solely Due To A Supplier’s Default In Depositing Tax Absent Any Evidence Of Collusion Issue Whether the tax authorities… Read More »

Bona Fide Purchaser Cannot Be Denied Input Tax Credit Solely for Supplier’s Failure to Remit Tax Issue Whether a registered purchasing dealer who acts in good faith, possesses valid tax invoices, and pays the full tax amount to a supplier via banking channels can be denied Input Tax Credit (ITC) under Section 16 because the… Read More »

Purchasing Dealer Cannot Be Punished with Input Tax Credit Denial Solely for Supplier Tax Deposit Default Issue Whether a purchasing dealer who has entered into a bona fide transaction, paid the tax component to the supplier, and received the goods can be legally denied Input Tax Credit (ITC) under Section 16 solely because the supplier… Read More »

Partners and Beneficiaries Behind Corporate Entities Face Penalty Liability Under Section 122(1A) of GST Act Issue Issue 1 (Beneficiary Liability of Partners): Whether a penalty under Section 122(1A) of the CGST/SGST Act can be legally imposed on individual partners of a firm, or if penalty actions for tax evasion are limited strictly to the “taxable… Read More »