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Allahabad High Court

Proceedings u/s. 130 of GST Act cannot be initiated for excess stock found during survey: Allahabad HC

September 17, 2024 888 Views 0 comment Print

Allahabad High Court held that in case of excess stock found at the time of survey proceedings u/s. 73/74 of GST Act should be initiated. Accordingly, initiating proceedings u/s. 130 read with rule 120 unsustainable and liable to be quashed.

No penalty for mere technical errors in E-Way Bill without mens rea

September 15, 2024 846 Views 0 comment Print

The Allahabad High Court quashes GST penalty on Spirare Energy due to a minor E-Way Bill error. No evidence of tax evasion was found. Refund ordered within a month.

Section 130 Proceedings Cannot Be Initiated for Excess Stock Found During Survey: HC

September 10, 2024 873 Views 0 comment Print

Allahabad High Court ruled on improper initiation of proceedings under Section 130 of the GST Act in PP Polyplast Pvt Ltd case, emphasizing Sections 73/74.

Online Filing Date Recognized as GST Appeal Filing Date Despite Late Hard Copy Submission

September 10, 2024 417 Views 0 comment Print

Madras HC sets aside GST appellate order rejecting refund appeal by Kasturi & Sons Pvt. Ltd. due to procedural delay in hard copy submission.

Missing Hearing Dates, Reasons & Undisclosed Facts: HC Quashes ITC Rejection Order

September 9, 2024 300 Views 0 comment Print

HC Quashes ITC Rejection Order as notice did not include hearing dates or reasons for the rejection, and new facts used against the petitioner in the appeal were not previously disclosed.

Merely failing to fill Part-B does not justify penal action if there’s no tax evasion

September 9, 2024 681 Views 0 comment Print

Allahabad High Court quashes penalty for incomplete Part-B of e-way bill, citing technical error without tax evasion intent. Refund ordered within one month. Read the full judgment here.

Allahabad HC directs GST Deputy Commissioner to explain recovery notices to multiple banks

September 3, 2024 477 Views 0 comment Print

Allahabad High Court orders no coercive action against Solvi Enterprises; Deputy Commissioner to explain recovery notices to multiple banks.

Allahabad HC stays demand of GST on royalty

September 2, 2024 756 Views 0 comment Print

Allahabad High Court stays GST demand on mining royalties, pending review. Case linked to SLP before Supreme Court.

Typographical date error in E-way bills: Allahabad HC quashes tax penalty

September 1, 2024 432 Views 0 comment Print

Allahabad HC quashes tax penalty on Cavendish Industries due to a typographical error in E-way bills, ruling no intent to evade tax. Refund ordered within four weeks.

Stamp duty cannot be levied based on speculative future use or potential market value

September 1, 2024 1059 Views 0 comment Print

Indo Continental Hotels And Resorts Pvt. Ltd. Vs State of U.P. – Allahabad High Court held that stamp duty cannot be levied based on speculative future use or potential market value unless officially reclassified by State from industrial to commercial. Since no such change had been formally declared, the deficiency was deemed improper.

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