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Allahabad High Court

Commissioner only can extend time to file revised Form GST TRAN-1: HC

May 27, 2019 954 Views 0 comment Print

As per Rule 120A of the CGST Rules, 2017 application for extending the time period for submitting the revised FORM GST TRAN-1 electronically has to be extended by the Commissioner and not by any other subordinate authority.

GST: Vehicle cannot be detained if No Tax Evasion and Valid documents

May 24, 2019 2439 Views 0 comment Print

Avtar Trading Co. Vs State of U.P. (Allahabad High Court) Learned counsel for the petitioners submits that the opposite parties in most arbitrary and illegal manner have detained the vehicle as well as the goods. There is no contravention of the provisions and there is no evasion of tax. The driver of the vehicle was […]

Allow manual or Online filing of TRAN-1: HC

May 24, 2019 1512 Views 0 comment Print

Respondents are directed to open the portal before 31st of March 2019. In the event they do not do so, they will entertain the GST TRAN-1 of the petitioner manually and pass orders on it after due verification of the credits as claimed by the petitioner. They will also ensure that the petitioner is allowed to pay its taxes on the regular electronic system also which is being maintained for use of the credit likely to be considered for the petitioner.

GST: Dept should have awaited outcome of challenge made to search by petitioner before passing confiscation order

May 24, 2019 1125 Views 0 comment Print

Rimjhim Ispat Limited Vs State Of U.P. (Allahabad High Court) Coming to the question of the validity of the confiscation order passed under Section 130 of the UPGST Act and challenged by the petitioner by means of an amendment application filed. The perusal of the said confiscation order (Annexure-10 to the writ petition) reveals that […]

HC instructs to consider extension of time for filing of GST Tran-1

May 21, 2019 978 Views 0 comment Print

Without going into the issue as to whether the time for the purpose can be extended, as the petitioner has moved the aforesaid application, the Assistant Commissioner/Commissioner GST may consider the above application and pass appropriate order in accordance with law.

HC orders release of vehicle seized which was not carrying Invoice & e-Way Bill

May 20, 2019 6045 Views 0 comment Print

Mkc Traders and Another Vs State of U.P. (Allahabad High Court) A perusal of the seizure order and the order passed under Section 129(3) of the Act for the release of the goods reveal that the transporter has not been assigned any role in the entire transaction which had led to the seizure of the […]

HC release goods seized for alleged irregularities in documents

May 18, 2019 807 Views 0 comment Print

The goods of the petitioner were being carried from Delhi to Ghaziabad and have been seized on the basis of certain alleged irregularities found in the documents accompanying the goods.

HC releases goods seized for difference of date in tax invoice & E-way Bill on furnishing of security

May 15, 2019 2610 Views 0 comment Print

The goods and the vehicle of the petitioner have been seized as the date of the tax invoice mentioned in the E-WAY bill was different from the date mentioned on the tax invoice.

Seizure notice issued to transporter is valid despite not being supplier of goods: HC

May 11, 2019 2319 Views 0 comment Print

Ashok Kumar Bhatia Vs State of U.P. (Allahabad High Court) Section 129 relates to ‘any person’ who transports any goods or stores any goods while they are “in transit” in contravention of the provisions of this Act or Rules made thereunder, all such goods and conveyance used as a means of transport for carrying the […]

Death-cum-retirement gratuity not payable until conclusion of departmental enquiry or judicial proceedings pending

May 8, 2019 12174 Views 0 comment Print

Shivagopal Vs State of U.P (Allahabad High Court) (i) A government employee is not entitled to death cum retiral gratuity unless the conclusion of the departmental proceedings or the enquiry by the Administrative Tribunal or judicial proceedings which includes both civil and criminal. (ii) The law as laid down in Jai Prakash (Supra) is the […]

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