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Allegation of mala fide cannot be sustained merely on the basis of a reasonable apprehension

March 20, 2022 11526 Views 1 comment Print

Abhishek Banerjee Vs Directorate of Enforcement (Delhi High Court) With regard to the allegation of mala fide it would be apposite to note that the same is to be established to a specific assertion on the basis of proven facts and not on the basis of conjectures and surmises. The burden of establishing mala fide […]

HC confirms Suspension of period of limitation from 15.3.2020 to 14.3.2021 for GST Appeal

March 20, 2022 1890 Views 0 comment Print

J.K Infratech Vs Additional Commissioner (Allahabad High Court) In this case it transpires, the GST registration cancellation order dated 17.9.2019 was passed ex-parte pursuant to a notice claimed to be served through the common portal. The petitioner could not reply to the same as he claimed lack of knowledge. Thereby, ex-parte order was passed on […]

Service of Physical copy of SCN should continue till technical issues on GST portal resolved: HC

March 19, 2022 6150 Views 0 comment Print

Pushpam Reality Vs State Tax Officer (Madras High Court) The learned counsel for the petitioners submits that these impugned assessments orders have been passed either without proper service of Show Cause Notices or without giving adequate opportunity to reply to the Show Cause Notices. It is therefore submitted that the impugned orders have been passed […]

PC commissioner cannot take Coercive action for recovery of dues during limitation period of appeal

March 18, 2022 6981 Views 0 comment Print

Kulgaon Badlapur Nagar Parishad Vs Regional Provident Fund Commissioner II (Bombay High Court) HC held that There is a purpose behind prescribing a limitation period to prefer an Appeal, by way of a statutory provision under any enactment. It is a period which is rightfully allocated to the aggrieved party to prefer an Appeal or […]

HC set aside detention order passed by GST Authorities

March 18, 2022 2601 Views 0 comment Print

Precious Trade Link Private Limited Vs Assistant Commissioner of State Tax under Bureau of Investigation (Calcutta High Court) In this writ petition, petitioners have challenged the impugned order dated 29th January, 2022 passed by the Deputy Commissioner of Revenue, State Tax, Bureau of Investigation, North Bengal, Alipurduar Zone/Respondent No.2 on the ground that the said […]

Personal use of Mobile phones in Govt Offices tantamount to Misconduct & Indiscipline- strict action imperative

March 18, 2022 8775 Views 0 comment Print

D. S. Radhika vs. The State of Tamilnadu & others (Madras High Court) It is common knowledge that people of all ages, groups, background, regions, states, cities & villages in our country are obsessed with mobiles. This obsession has increased with free calls, free messages, free whatsApp, free twitter, free Facebook, free unlimited mobile data […]

Economic Offenders Ruins The Economy of State & must be brought to book

March 18, 2022 1998 Views 0 comment Print

Pankaj Goel Vs Union of India (Patna High Court) HC held that The entire community is aggrieved if the economic offenders, who ruin the economy of the State are not brought to book. A murder may be committed in the hit of moment upon passions being aroused. An economic offence is committed with cool calculation […]

Non-Constitution of GST Tribunal: Allahabad HC Refers matter to Larger Bench

March 18, 2022 5415 Views 0 comment Print

Explore the legal implications of the non-establishment of GST Tribunal in Uttar Pradesh, leaving dealers remediless. Key questions referred to a Larger Bench.

GST: HC upheld order imposing conditions on release of seized goods & vehicle

March 17, 2022 2823 Views 0 comment Print

State Tax Officer, Bureau of Investigation (North Bengal) Vs Surinder Kumar Kotnala & Ors. (Calcutta High Court) 1. This intra Court appeal is directed against the interim order dated 25th November, 2021 in W.P.A. No.16096 of 2021 filed by the respondent nos.1 and 2 herein. The respondent nos.1 and 2 had challenged an order passed […]

Calcutta HC stays GST demand on payment of 20% of Balance Disputed demand

March 17, 2022 4158 Views 0 comment Print

Deputy Commissioner Vs Nidhi Madhogaria (Calcutta High Court) In this matters the petitioner filed two writ petitions before the Hon’ble Single Judge of Calcutta High Court by challenging the impugned detention orders passed U/s. 129 by the WBGST authority. The petitioner came before Calcutta High Court after exhausting appellate forum. At the time of appeal […]

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