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Allahabad High Court

Motor Accident Claim – Fixing of 15K as Notional yearly Income for Non-Earning Member is Unreasonable: HC

Roop Lal and another Vs Suresh Kumar Yadav (Allahabad High Court)

Roop Lal and another Vs Suresh Kumar Yadav (Allahabad High Court) This is a claimants appeal, claiming enhancement of award for the death of a child who was 07 years of age at the time of his death. Learned counsel for the appellants has submitted that deceased was a brilliant student and he had very […]...

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HC imposes cost on GST officer for seizure of goods without any justification

Shri Surya Traders Vs Union of India (Allahabad High Court)

Shri Surya Traders Vs Union of India (Allahabad High Court) Admittedly, the petitioner have sold the goods to two different registered dealers. The petitioner being a registered dealer have duly issued two tax invoices of the goods in question. The authorities have not disputed the issuance of tax invoices. An adverse view has been drawn ...

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Non-submission of receipt of electricity bill is not a ground of rejection of application for GST registration

Ranjana Singh Vs Commissioner of State Tax (Allahabad High Court)

HC set aside the rejection of application of GST registration on the ground that, if for the purpose of proof of business ownership there is an option to furnish either house tax receipts or electricity bill receipts, then application cannot be rejected on the basis of non-compliance if receipt of electricity bills are not furnished....

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Allahabad High Court quashed allegations made against SAYA Gold Avenue

Sun Tower Residents Welfare Association Vs Ghaziabad Development Authority (Allahabad High Court)

Sun Tower Residents Welfare Association Vs Ghaziabad Development Authority (Allahabad High Court) In reference to the Writ petition no 59863 of 2015, (Petitioner: Sun Tower Residents Welfare Association and Respondent: Ghaziabad Development Authority, Uttar Pradesh, Saya Gold Avenue and Ors) the petitioner had alleged the respondents for ...

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HC stayed payment of GST for grant of mining lease/royalty

A.D. Agro Foods Private Limited Vs - Union of India (Allahabad High Court)

Learned counsel for the petitioner has vehemently urged that the royalty payment is tax and not consideration in the context of the privilege parted by the State allowing the petitioner and others to mine sand. That being the nature of the payment made by the petitioner, the same is not amenable to GST as it is not consideration either fo...

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HC Quashed order Cancelling GST Registration without opportunity of hearing

S.S. Traders Vs State of U.P And 3 Others (Allahabad High Court)

HC quashed the cancellation of GST registration order as no opportunity of hearing was accorded. Further, said that the denial of opportunity of hearing to the assessee as is mandated in the first proviso to Section 29(2) of the Central Goods and Services Tax Act, 2017 (CGST Act) vitiates the proceedings as well as the orders cancelling t...

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HC quashes order cancelling GST registration without issuing SCN

S.R. Steel Vs State of U.P. And 2 Others (Allahabad High Court)

S.R. Steel Vs State of U.P. (Allahabad High Court) In the peculiar facts of the present case as have been noted above, we lift the bar of alternative remedy as we find that the petitioner’s GST registration was cancelled without issuance of any prior show cause notice. Also, the delay is largely on account of […]...

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GST: Release on interim bail cannot be treated in constructive custody

Vishal Gupta Vs Union Of India And Another (Allahabad High Court)

Vishal Gupta Vs Union Of India And Another (Allahabad High Court) Submission of the learned counsel for the petitioner is that although petitioner has been released on interim bail in compliance of directions issued by High Power Committee but he shall be deemed to be in constructive custody of the Court. The second submission of [&hellip...

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Allahabad HC Quashes section 148 Notices issued Post 31.03.2021

Ashok Kumar Agarwal Vs Union of India and 2 Others (Allahabad High Court)

Ashok Kumar Agarwal Vs Union of India and 2 Others (Allahabad High Court) Ashok Kumar Agarwal (the Petitioner) had filed a Petition to challenge the initiation of re-assessment proceedings under Section 148 of the Income Tax Act, 1961 (the IT Act) for different Assessment Years (AYs). The Petitioners contended that all the impugned re-as...

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State cannot impose VAT on Extra neutral alcohol (ENA) not fit for human consumption

Jain Distillery Private Limited Vs State of U.P. (Allahabad High Court)

Jain Distillery Private Limited Vs State of U.P. (Allahabad High Court) Relying on Article 246A read with Article 366 (12A) of the Constitution of India, it has been further submitted, insofar as taxes on supply of goods/commodities are concerned, upon the 101 st Constitution amendment, besides “alcoholic liquor for human consumption”...

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