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Detention of conveyance in absence of discrepancy in E Way Bill or Tax Invoice not sustainable

October 18, 2019 1833 Views 0 comment Print

Insha Trading Company Vs. State Of Gujarat (Gujarat High Court) The reasons for issuance of the notice for confiscation under section 130 of the CGST Act in Form GST MOV-10 are that upon preliminary verification of the dealer online, 42 e-way bills have been generated in December 2018, wherein, IGST has been shown to Rs. […]

Good seized due to expiry of e-way bill cannot be released on indemnity bond

October 18, 2019 1938 Views 0 comment Print

M/s Livguard Energy Technologies (P) Ltd Vs State of Uttarakhand (Uttarakhand High Court) Uttarakhand High Court has declined to accede to petitioner’s request for release of vehicle and goods seized on merely furnishing an indemnity bond. It observed that it would be inappropriate to issue a direction contrary to provisions of Section 129 of the […]

Examine feasibility of vesting powers under GST to VAT Tribunals/CESTAT

October 18, 2019 750 Views 0 comment Print

Hence, we request Mr. Satya Pal Jain, Additional Solicitor General to examine the feasibility of vesting the powers under GST regime to the already functional VAT/Sales Tax Tribunals/CESTAT as a temporary measure.

HC: Attachment cannot be made on Petitioner’s property to recover dues of erstwhile owner

October 18, 2019 2928 Views 0 comment Print

The Hon’ble HC, Gujarat in the matter of M/s Choksi Texlen Pvt. Ltd. v. State of Gujarat [Special Civil Application No. 8096 of 2019 dated October 18, 2019] instructs Revenue authorities to withdraw the charge and attachment made on the Petitioner’s property to recover alleged dues of the erstwhile owner of the property under the […]

Consider GST appeal on merits, dismissed as time barred: HC

October 18, 2019 1728 Views 0 comment Print

No doubt, the appeal filed by the petitioner was time barred but in the facts of the case, in our considered view, the appeal of the petitioner ought to be decided on merits rather dismissing the same on the ground of delay.

Detention of conveyance in absence of discrepancy in E-Way Bill or Tax Invoice not sustainable

October 18, 2019 2829 Views 0 comment Print

When the conveyance in question was carrying the goods which were duly accompanied by documents and no discrepancy was found in connection therewith, there was no reason for the third respondent to confiscate the same. The impugned order of confiscation passed by the third respondent under section 130 of the CGST Act, therefore, cannot be sustained.

A person cannot be treated as Principal Officer on Mere surmises & conjectures

October 17, 2019 10098 Views 0 comment Print

To treat any person as a Principal Officer, such person should be connected with the management or administration of the local authority/company or association or body. Such connection with the management or administration is the basis for treating any person as a Principal Officer.

No TDS on Agreement for Bulk Sale of Advertisement Space

October 17, 2019 3348 Views 0 comment Print

Times VPL Limited Vs CIT (Karnataka High Court) In the instant case, appellant company had enter into an agreement for bulk sale of advertising space with its’ holding company on a principal to principal basis by transfer of rights therein. The appellant under the agreement makes purchase of advertisement space and exercises control over such […]

HC passes Strictures against CGST Authority for gross abuse of power

October 16, 2019 3624 Views 0 comment Print

Prakashsinh Hathisinh Udavat Vs State of Gujarat (Gujarat High Court) It is the case of the petitioner that the aforesaid seizure of his car and mobile phones was made without following the provisions of section 67 of the GGST Act and rule 139 of the Central Goods and Service Tax Rules, 2017 (hereinafter referred to […]

Petition filed after 3 year of order suffers from laches: HC

October 16, 2019 642 Views 0 comment Print

Magnolia Mayura CHS Ltd. Vs Union of India (Bombay High Court) Petitioner’s appeal before the CIT(A) was dismissed on 31st March, 2016. The Petitioner’s application admittedly made on 9th August, 2016 after the Appeal was dismissed. This application came to be rejected on 22nd September, 2016, as there was no appeal pending. The order of CIT(A) […]

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