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Allahabad High Court

Pre-GST Cases should be decided at the earliest : Allahabad HC

April 19, 2019 1173 Views 0 comment Print

M/s LG Electronics (India) Pvt Ltd Vs. State of U.P. (Allahabad High Court) The Sale Tax regime came to an end on 13th May, 1994. Thereafter, Trade Tax regime came into force by U.P. Act No. 31 of 1995 with effect from 14.5.1994 but, the scheme of the erstwhile that continued without any change in […]

GST: Goods Seized can be released on furnishing of Bank Guarantee

April 14, 2019 1695 Views 0 comment Print

As per Rule 140, in case the owner of the goods furnishes the security in the form of bank guarantee equivalent to amount of applicable tax, interest and penalty payable, the authorities can consider the release of goods and vehicle.

Search and Seizures under GST- HC explains process to be followed

April 11, 2019 14544 Views 0 comment Print

Points that emerge for adjudication are whether the search and seizure  under GST was carried out by observing the ‘substantive due process’ as well as the ‘procedural due process.’

Deemed dividend if Lender and borrower have common shareholder?

April 7, 2019 1515 Views 0 comment Print

CIT Vs Ms. Mustang Leather Pvt. Ltd. (Allahabad High Court) A deemed dividend could only have been assessed in the hands of a person who is shareholder of the lender company and not in the hands of the borrowing concern in which such shareholder is a member or partner having substantial interest. Admittedly, in the […]

GST Penalty & interest order passed by dept is appellable

April 2, 2019 2070 Views 0 comment Print

The writ petition is directed against the order passed under Section 73 (9) of the U.P. GST Act, 2017 dated 21.1.2015 by the Deputy Commissioner, Commercial Tax, NOIDA and the consequential order of penalty and interest thereof. The aforesaid order is appellable under Section 107 of the U.P. GST Act.

Allow manual filing of TRAN-1 to petitioner by 31.03.2019: HC

March 28, 2019 2931 Views 0 comment Print

Allahabad High Court directs GST council to address petitioner’s issue with filing GST Tran-1, allowing manual submission if portal issues persist.

Notice served at wrong address renders reassessment proceedings invalid

March 26, 2019 5163 Views 0 comment Print

Since Department had correct address of assessee and sending notice for reassessment at incorrect address drawing a presumption of service of notice was rendered assessment proceedings as invalid.

GST Appellate Authority cannot condone Delay beyond 30 Days: HC

March 20, 2019 6789 Views 1 comment Print

M/s Shanti Eat Udyog Surir Kala Tehsil Mant District Mathura Vs State of U.P. (Allahabad High Court) Admittedly, the period of limitation to file a first appeal under Section 107 of the U.P. Goods and Services Tax Rules, 2017 is three months and the period for which the delay may be condoned is thirty days […]

Reassessment not Valid if Objection of assessee not disposed of

March 12, 2019 2286 Views 0 comment Print

Reassessment order passed by Assessing Officer without disposing of objections raised by assessee to issuance of notice under section 148 of Income Tax Act, 1961 by a separate order, was not valid and thus, was liable to be quashed.

Constitution of Appellate Tribunal: Allahabad HC directs Centre & States to file Better Affidavits

March 12, 2019 837 Views 0 comment Print

As the Counsel for GST council as well as that for the State were unable to tell as to whether the Appellate Tribunal has been constituted or not, the matter was listed on 28 February 2019. Two affidavits were filed but it is apparent that promises were being made only in the air

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