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.
In a recent decision the Delhi high court has held that the TP is eligible for interest on refund. In GST the rate of interest on refund is 6%. It is mandatory even if the TP has not asked for it specifically for […]
Comment
This case involves a writ petition filed by NRB Bearings Ltd. against various respondents, including the Commissioner of State Tax, Deputy Commissioner of SGST, State of Maharashtra, and Bajaj Auto Ltd., […]
Comment
The court is considering a civil writ jurisdiction case filed by Saurav Kumar against the Union of India and others regarding the cancellation of his registration under the Bihar Goods and Services Tax […]
Comment
The Court observed that the petitioner had fulfilled their obligations under the GST Act by generating digital documents and providing physical copies during inspection. The imposition of penalty was […]
Comment
The Court supported the petitioner’s argument, affirming that the Act establishes a distinct limitation period, thereby exempting the relevance of Section 5 of the Limitation Act.
Pleading
The […]
Comment
The assessing officer’s role is pivotal in determining the classification of goods and subsequent tax implications. It is imperative for the assessing officer to objectively consider all materials and […]
Comment
The court directs the lower court to promptly address the stay application and issue a reasoned order within two weeks. The judgment underscores the importance of timely resolution and procedural fairness […]
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 […]
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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, Interest is payable even if not asked by TP-HC 6 months, 1 week ago
In a recent decision the Delhi high court has held that the TP is eligible for interest on refund. In GST the rate of interest on refund is 6%. It is mandatory even if the TP has not asked for it specifically for […]
CA Shafaly Girdharwal wrote a new post, NRB Bearings Ltd. v. Commissioner of State Tax: GST Return Rectification 6 months, 1 week ago
Comment
This case involves a writ petition filed by NRB Bearings Ltd. against various respondents, including the Commissioner of State Tax, Deputy Commissioner of SGST, State of Maharashtra, and Bajaj Auto Ltd., […]
CA Shafaly Girdharwal wrote a new post, Dispute Over GST Registration: Saurav Kumar v. Union of India 6 months, 1 week ago
Comment
The court is considering a civil writ jurisdiction case filed by Saurav Kumar against the Union of India and others regarding the cancellation of his registration under the Bihar Goods and Services Tax […]
CA Shafaly Girdharwal wrote a new post, Fair Enforcement: Quashing Unjust Penalties in GST Compliance 6 months, 1 week ago
Comment
The Court observed that the petitioner had fulfilled their obligations under the GST Act by generating digital documents and providing physical copies during inspection. The imposition of penalty was […]
CA Shafaly Girdharwal wrote a new post, Enhancing Time Constraints: M/S Garg Enterprises vs. CGST Appellate Authority 6 months, 1 week ago
Comment
The Court supported the petitioner’s argument, affirming that the Act establishes a distinct limitation period, thereby exempting the relevance of Section 5 of the Limitation Act.
Pleading
The […]
CA Shafaly Girdharwal wrote a new post, Challenging Unfair Tax Assessment: M/s.SL Lumax Limited’s Plea for Justice” 6 months, 1 week ago
Comment
The assessing officer’s role is pivotal in determining the classification of goods and subsequent tax implications. It is imperative for the assessing officer to objectively consider all materials and […]
CA Shafaly Girdharwal wrote a new post, Timely Justice: Urgency in Resolving Gurdeep Singh’s Appeal 6 months, 1 week ago
Comment
The court directs the lower court to promptly address the stay application and issue a reasoned order within two weeks. The judgment underscores the importance of timely resolution and procedural fairness […]
CA Shafaly Girdharwal wrote a new post, Fair Hearing: M/S Gaurav Enterprises vs. State of U.P. 6 months, 1 week 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” 6 months, 1 week 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” 6 months, 1 week 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. 6 months, 1 week 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 6 months, 2 weeks 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 6 months, 2 weeks 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 6 months, 2 weeks 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 6 months, 2 weeks 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 6 months, 2 weeks 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 6 months, 3 weeks 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] 6 months, 3 weeks 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 6 months, 3 weeks 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 6 months, 3 weeks 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 […]