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Allahabad High Court

Despite existence of alternative remedy in case of violation of principles of natural justice HC can accept writ petition

March 17, 2022 5073 Views 0 comment Print

Bharat Mint And Allied Chemicals Vs Commissioner Commercial Tax (Allahabad High Court) The stand taken by the respondents in the counter affidavit that the writ petition is not maintainable as the petitioner has an alternative remedy of appeal under Section 107 of the Act, can also not be accepted inasmuch as it is settled law […]

Mere digitally signing the notice is not the issuance of notice

March 16, 2022 6852 Views 2 comments Print

Daujee Abhushan Bhandar Pvt. Ltd Vs Union of India (Allahabad High Court) Considering the provisions of Section 282 and 282 A of the Act, 1961 and the provisions of Section 13 of the Act, 2000 and meaning of the word “issue” we find that firstly notice shall be signed by the assessing authority and then […]

GST Refund Application cannot be rejected merely for delay: HC

March 15, 2022 15897 Views 0 comment Print

Gamma Gaana Limited Vs Union of India (Allahabad High Court) GST Refund Application cannot be rejected on mere ground of delay in the light of Supreme Court Order – High Court of Allahabad The Hon’ble High Court of Allahabad has declared in Gamma Gaana Limited Vs. Union of India & 3 others in Writ Tax […]

S. 138 NI Act: In absence of specific allegations about the applicant, he cannot be prosecuted

March 14, 2022 3669 Views 0 comment Print

High Court held that in absence of specific allegations about the applicant he cannot be prosecuted for any offence under section 138 N.I. Act (Cheque Bounce Case).

GST Registration not cancellable by merely describing the firm as ‘bogus’

March 14, 2022 15204 Views 0 comment Print

GST registration once granted could be cancelled only if one of the five statutory conditions was found present. Per se, no GST registration may be cancelled by merely describing the firm that had obtained it, was ‘bogus’.

GST Evasion: No anticipatory bail for an offence which is bailable

March 13, 2022 4176 Views 0 comment Print

Allahabad High court held that granting of anticipatory bail does not arise for an offence which is bailable and a direction for the same can be issued only in respect of non-bailable and cognizable offences, the present anticipatory bail application deserves rejection and, accordingly, it is rejected.

UP Excise Act | section 72(7) | Civil Appeal required to be decided by District Judge

March 12, 2022 16005 Views 0 comment Print

Yashpal Vs State of U.P. and Another (Allahabad High Court) clause (e) of sub-Section (1) of Section 72 of U.P. Excise Act, 1910 provides that whenever an offence is punishable under this Act, every animal, cart, vessel or other conveyance used in carrying such receptacle or package shall be liable to The power of confiscation […]

Magistrate cannot release the vehicle during confiscation proceedings under U.P. Excise Act

March 9, 2022 22356 Views 0 comment Print

Akhilesh Kumar Vs State of U.P. (Allahabad High Court) Question before the court is whether during confiscation proceedings under section 72 of U.P. Excise Act, the Magistrate is empowered to release the vehicle. In case of (Nand vs. State of U.P.) 1997 (1) AWC 41 and (Rajeev Kumar Singh vs. State of U.P. and ors) […]

2 courts can have jurisdiction over arbitration application: HC explains the term ‘seat’ or ‘venue’

March 4, 2022 20658 Views 0 comment Print

Hasmukh Prajapati Vs Jai Prakash Associates Ltd. (Allahabad High Court) Facts- There was a dispute between the Petitioner and the Respondent with regard to payments in respect of an apartment. When the matter reached the stage of Arbitration, the Petitioner claimed that, as per the agreement, in case of any dispute arising between the parties, […]

Recovery Officer of Bank cannot continue Auction Sale if dues are Paid before Sale

March 1, 2022 3387 Views 0 comment Print

The BOB had already received the entire amount and, written an application to the Recovery Officer for cancellation of the sale process, but despite that the Recovery Officer had proceeded to confirm the sale wholly illegally and unauthorizedly.

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