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Allahabad High Court

Petitioner cannot be made to suffer for No provision of restoration of GST registration in Software: HC

January 18, 2021 1803 Views 0 comment Print

Vidyut Majdoor Kalyan Samiti Vs State of U.P. (Allahabad High Court) The contention that there is no provision of restoration of a GST registration, once it has been cancelled borders on the absurd. In case, no provision for its restoration has been made in the software, the same is not the fault of the petitioner […]

Rule not prescribe for cancellation of e-way bill if no transportation of goods is made within 24 Hours

January 18, 2021 14535 Views 0 comment Print

Explore the Allahabad High Court judgment on Anandeshwar Traders vs State of U.P. regarding e-way bill cancellation, transportation timelines, and additional evidence in tax matters.

HC allows Anticipatory Bail in alleged GST evasion of Rs.100 Cr

January 13, 2021 7518 Views 0 comment Print

Where the implication of a person was for a non-bailable offence, he could apply for anticipatory bail. If the applicant cooperated with the inquiry, there was no requirement of his arrest. Assessee was having his own address of residence and business. He could give surety ensuring his appearance. Therefore, he deserved to be granted limited protection for the purpose of conclusion of inquiry by the Proper Officer. Thus, Allahabad High Court granted the anticipatory bail  to a person alleged of GST evasion to the tune of Rs.100 Crores.

GST Software Glitches: HC to ascertain who causing Harassment of Poor Taxpayers

January 11, 2021 906 Views 0 comment Print

Read about the court’s inquiry order in Ansari Construction vs Additional Commissioner GST (Appeals) case. System responsibility for harassment, liability fixation awaited

GST Rate & HSN Code must be mentioned on tender/bid document: HC

December 18, 2020 23076 Views 0 comment Print

Bharat Forge Limited Vs Principal Chief Materials Manager Diesel Locomotive Works (Allahabad High Court) The HSN code (Harmonized System of Nomenclature) is provided for each product/service by GST Council to specify the rate at which GST would be applicable. The suppliers have to quote HSN Code of the product to be supplied by them in […]

Service of show cause notice at wrong E-mail address is not valid

December 17, 2020 7107 Views 0 comment Print

Service of the show cause notice at a wrong E-mail address is neither contemplated under the Act nor can it be deemed to be a proper service under the Act. As no show cause notice has ever been served, the petitioner never had any occasion to file its reply and thereafter not serving a copy of the reasoned order quantifying the demand is clearly erroneous.

After surrender of vehicle registration no tax can be levied unless vehicle is found plying

December 17, 2020 5655 Views 0 comment Print

Shiv Dayal Singh Vs State of U.P. (Allahabad High Court) It is clear that once the operator/owner of the vehicle informs regarding surrender of registration certificate, a burden is cast upon the Taxation Officer to charge the tax and the additional tax only on being convinced that the vehicle is found plying as no tax […]

Rejection of refund without hearing the petitioner & without intimating the reason not justified

December 14, 2020 4449 Views 0 comment Print

Sahibabad Printers Vs Additional Commissioner CGST (Appeals) And Others (Allahabad High Court) Counsel for the petitioner argues that as the show cause notice was silent, the petitioner could not have been expected to give any reply and further questioning the appellate order he argues that the appellate authority was wrong in recording that no document […]

HC refuses bail to director accused of money laundering

December 9, 2020 1911 Views 0 comment Print

Money laundering is a serious economic offence and serious threat to the national economy and national interest and, these offences are committed with cool calculation with the motive of personal gain regardless of the consequences on the society.

No declaration can be made for excisable goods-Kerosene Oil under SVLDRS scheme

December 8, 2020 1461 Views 1 comment Print

Assessee was not eligible to make a declaration under the ‘Sabka Vishwas Scheme’ with respect to Superior Kerosene Oil (SKO) as S.K.O. was an excisable goods set forth in the Fourth Schedule to the Act, 1944 and section 125(1)(h) of the Act 2019/ ‘Sabka Vishwas Scheme’ had specifically excluded persons seeking to make declarations with respect to excisable goods set forth in the Fourth Schedule to the Central Excise Act, 1944. 

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