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All High Courts

Goods & Vehicles should not be detained merely for mistake in selection of ODC vehicle type while generating e-Way Bill

April 27, 2022 5361 Views 0 comment Print

Dhabriya Polywood Limited Vs Union of India (Gujarat High Court) The short point for our consideration is whether, in fact, it was a bona fide mistake on the part of the writ applicant, or whether it was a mischievous act with a view to derive some illegal benefit, as asserted by Mr. Sharma, the learned […]

GST Dept. to Reimburse Pre Deposit in View of CIRP of Binani Cement: HC

April 27, 2022 2229 Views 0 comment Print

Ultratech Nathdwara Cement Limited Vs Assistant Commissioner (Rajasthan High Court) This bunch of Sales Tax Revisions involves identical questions of facts and law and hence, the same is being decided together by a common order. These revisions have been preferred by the petitioner M/s. UltraTech Nathdwara Cement Limited for assailing the order dated 28.12.2020 passed […]

Unilateral Deposit Not Create Any Rights in Land if no Allotment letter issued

April 26, 2022 1506 Views 0 comment Print

High Court finds that merely by depositing amount unilaterally by the petitioner-firm, in absence of any allotment letter, would not create any right to claim allotment in its favour.

Section 270AA immunity cannot be availed in case of misreporting of income

April 26, 2022 4992 Views 0 comment Print

Ultimate Infratech Private Limited Vs National Faceless Assessment Centre Delhi & Anr. (Delhi High Court) 1. Only in cases where proceedings for levy of penalty have been initiated on account of alleged misreporting of income that an assessee is prohibited from applying and availing the benefit of immunity from penalty and prosecution under Section 270AA. […]

Owner can seek redemption of confiscated goods/conveyances even after confiscation order

April 25, 2022 2505 Views 0 comment Print

Shel Singh Purohit Vs Commercial Taxes Officer (Karnataka High Court) The text of provision of Sec. 129 of the Act provides for detention of the goods along with the transport vehicle and Sec.130 provides for the confiscation of the same on certain grounds, as contended by learned AGA is true; however, sub-section (2) of Sec. […]

HC declines exemption from personal appearance under GST

April 25, 2022 3138 Views 0 comment Print

Suresh Balkrishna Jajra Vs Union of India (Rajasthan High Court) This petition has been filed by the petitioner seeking direction of exemption from personal appearance pursuant to summons issued to the petitioner under Section 70 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as ‘the Act of 2017’) issued by Respondent […]

Mere use of words ‘willfully suppressed’ not enough to validate show cause notice

April 24, 2022 1452 Views 0 comment Print

Mere use of the words or expression wilfully suppressed with intend to avoid duty cannot hold the assessee guilty of wilful suppression. The same has to be established by the department by pointing out as to on what basis they have come to the prima facie conclusion that there has been wilful mis-statement or suppression of facts. Therefore, mere use of the said words and expression cannot validate the show cause notice. Therefore, the initiation of the proceedings itself is bad in law.

Discretionary Power to grant Stay under Telangana VAT Act must be exercised in a Fair & Judicious Manner

April 24, 2022 783 Views 0 comment Print

Access Tough Doors P. Ltd. Vs Additional Commissioner ST (Telangana High Court) Section 31(1) of the TVAT Act deals with appeal to appellate authority. Sub-Section (1) enables filing of such appeal by an aggrieved dealer. As per second proviso thereto, such an appeal shall not be admitted by the appellate authority unless the dealer produces […]

Only Minor penalty imposable for Bonafide mistake in date on e-way bill

April 24, 2022 1638 Views 0 comment Print

Greenlights Power Solutions Vs State Tax Officer (Kerala High Court) Revenue found a mistake in the format in the date in respect of the e-way bill and hence the petitioner was imposed with an amount of Rs.27,540/- as tax and a penalty of Rs.27,540/-. The said final order is challenged in this writ petition. Petitioner […]

HC ask dept to impose Minor Penalty for Mistake in Address in E-Way Bill

April 24, 2022 3417 Views 0 comment Print

Technosteel Infraprojects Pvt. Vs The State Of Madhya Pradesh (Madhya Pradesh High Court) A tax invoice was generated which reflected the destination as well as the registration number of the vehicle which has been brought on record as Annexure P/3. Thereafter, the petitioner generated E-way bill which is required to be carried along with the […]

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