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Allahabad High Court

Bank guarantee is equivalent to tax payment for Section 129(1)

February 7, 2020 4947 Views 0 comment Print

Skipper Limited Vs Union of India (Allahabad High Court) The provision shows that upon seizure of goods and conveyances in transit, the Revenue shall issue a notice specifying the tax and penalty liable to be paid by the assessee and pass an order for payment and tax and penalty in the manner provided under Clause […]

No discretionary relief to taxpayers who repetitively ignored summons

February 6, 2020 1551 Views 0 comment Print

Explore Ankit Bhutani vs. Union of India case. The writ petitioner seeks relief in the tax inquiry against summonses, but the court dismisses the petition due to non-cooperation.

Odomos is not a Medicine and is a Mosquito Repellent: HC

January 26, 2020 5331 Views 0 comment Print

The materials in the records before the authorities below corroborate the fact that the petitioners pitched the product in their sale material and advertisements as a mosquito repellent. Various mosquito repelling qualities are identified as defining characteristics of the subject goods in the market.

Vehicle cannot be released if Owner of vehicle failed to prove that he had no knowledge about the goods

January 23, 2020 1125 Views 0 comment Print

It is a case where a vehicle alongwith goods were seized when it was found carrying goods in violation of the Act of 2017. The petitioner alongwith owner of the goods was served with the notice before seizure of the goods.

Public functionary cannot be permitted to act like a dictator: HC

January 21, 2020 1842 Views 0 comment Print

Sant Prasad Seth Vs State of U.P. (Allahabad High Court) Withholding of post death dues for years together is not only illegal and arbitrary but a sin if not an offence since no law has declared so. The officials, who are still in service and are instrumental in such delay causing harassment must however feel […]

Service of order on driver was no service at all HC

January 20, 2020 1473 Views 0 comment Print

Jindal Pipes Limited Vs State Of U.P. (Allahabad High Court) It had been admitted that order was served upon the driver and, therefore, the order was neither served on the consignee nor on the consignor. Learned counsel relied upon a judgment of this Court reported in 2019 (21) GSTN 145 : S/S. Patel Hardware vs. […]

Benefit of Rule 6DD(c)(v) of cannot be given to Cash deposited directly in bank account of beneficiary

January 18, 2020 1758 Views 0 comment Print

Ajai Kumar Singh Khaldelial Vs PCIT (Allahabad High Court) In the present case, the question which arises for consideration is that in case, cash is deposited directly in the bank account of the beneficiary, can the benefit of Rule 6DD(c)(v) of the Rules, 1962, can be given to the assessee. Such transaction by depositing cash […]

HC quashes ROC action deactivating DINs of all disqualified Directors

January 16, 2020 9999 Views 0 comment Print

Allahabad High Court held thaty there is no provision which empowers ROC to de-activate DIN, only on the ground that a Director has incurred disqualification under Section 164(2) (a) or his Office has become vacant under Section 167(1) (a). It also quashes List of disqualified directors published by ROC in public gazette.

Within what time U.P. GSTAT would be constituted: Allahabad HC Ask

January 16, 2020 972 Views 0 comment Print

In the present case a provision has been made in Section 109 for creation of the GST, Appellate Tribunal, but the reasons best known to the respondents only for the State of U.P. said Appellate Tribunal has not been constituted.

Seized Vehicle along with Goods released on satisfaction of Rule 140 Requirement

January 9, 2020 1386 Views 0 comment Print

AK Overseas Vs. State of U.P. & Ors. (Allahabad High Court) The Petitioner has filed the writ petition to release the seized goods which are seized under Rule 140 of the Central Goods and Services Rules, 2017. High Court states that, in case the petitioner fulfills the requirement of Rule 140 together with its explanation, […]

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