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GST - Highlights / Catch Notes

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Writ petition filed challenging the order passed by Joint ...


Taxpayer gets opportunity to challenge Cess levy before appeals authority in GST dispute.

September 24, 2024

Case Laws     GST     HC

Writ petition filed challenging the order passed by Joint Commissioner of Commercial Taxes (Appeals) regarding levy of Cess while calculating applicable tax u/s 129(1)(a) of KGST and CGST Act. Petitioner did not raise contention regarding levy of Cess before JCCT (Appeals). High Court held since ground regarding levy of Cess raised for first time, opportunity be accorded to petitioner to raise this ground before JCCT (Appeals). Matter remanded to JCCT (Appeals) permitting petitioner to raise ground regarding levy of Cess. Order of JCCT (Appeals) quashed. All other contentions kept open.

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