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Allahabad High Court

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

September 1, 2024 1062 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.

Allahabad HC Quashes Stamp Duty Order – burden of proof to show land was non-agricultural was on authorities

August 29, 2024 417 Views 0 comment Print

The Allahabad High Court quashed a stamp duty order against Ramvati Rathore, ruling the land was agricultural, and ordered a refund of the amount paid.

Allahabad HC Quashes Penalty on Expired E-Way Bill

August 27, 2024 2511 Views 0 comment Print

Allahabad HC quashes orders penalizing Raghuveer Ispat Pvt Ltd under UP GST Act for expired e-way bill, directing refund of deposited tax and penalty.

Land purchased as agricultural land cannot be treated as non-agricultural as not declared as abadi land

August 27, 2024 1293 Views 0 comment Print

Held that the land in question was purchased as an agricultural land and at the time of survey, it was also not in dispute that the proceedings of Section 143 of UPZA and LR Act were not initiated and the land in question was not declared as an abadi land.

GST Fraud Case: Bail granted for lack of evidence & prolonged detention

August 26, 2024 696 Views 0 comment Print

Allahabad High Court grants bail to Pradip Kumar Jain and Devendra Kumar Jain in a GST fraud case involving fake ITC claims, with specific conditions.

Allahabad HC Quashes Penalty for minor typographical error in E-Way Bill

August 26, 2024 612 Views 0 comment Print

Allahabad HC overturns penalty on Nanhey Mal Munna Lal due to typographical error in e-way bill; directs refund of any deposited amount.

Boro Plus Ayurvedic Cream is a medicated ointment under Entry 41, Schedule II, UPVAT Act

August 26, 2024 171 Views 0 comment Print

Boroplus Antiseptic Cream was a ‘medicated ointmnet’ and was liable to be taxed at 5% under ‘drugs and medicines’ in Entry 41 Schedule II in absence of specific evidence including expert opinions, industry standards, etc. to justify the reclassification.

No Confiscation Under Sec 130 for Excess Stock Found During Inspection: Allahabad HC

August 23, 2024 873 Views 0 comment Print

Allahabad High Court ruled that excess stock found during inspection cannot justify confiscation under Section 130 of the GST Act. Case: Vijay Trading Co. vs. Commissioner.

Excess Stock Should Be Addressed under Sections 73 & 74 GST Act, Not Section 130: Allahabad HC

August 23, 2024 1341 Views 0 comment Print

The Allahabad High Court ruled that excess stock in a GST survey should trigger proceedings under Sections 73 & 74, not confiscation under Section 130.

Section 130 GST Act Proceedings Apply not apply to Unaccounted Stock Found During Survey: HC

August 23, 2024 1047 Views 0 comment Print

Allahabad High Court sets aside GST orders against Shree Om Steels, ruling that proceedings under Section 130 of the UPGST Act were improperly initiated.

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