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Allahabad High Court

AO Can’t Alter Gross Profit Rates When Books of Accounts Not rejected: Allahabad HC

May 25, 2024 672 Views 0 comment Print

In PCIT Vs Mahabir Jute Mills Lts., the Allahabad High Court ruled that if books of accounts are not objected to, the AO cannot disturb gross profit rates. Detailed analysis here.

Section 2(e): Plant, Machinery Sold after Business Closure Exempt from UPVAT

May 25, 2024 1524 Views 0 comment Print

Allahabad High Court rules plant and machinery sold post-business closure as capital goods, exempt from UPVAT. Detailed analysis of judgment and implications.

In absence of reasons order becomes lifeless: Allahabad HC Quashes GST Order

May 25, 2024 1236 Views 0 comment Print

GST: Reason is heart beat of every conclusion. In absence of reasons order becomes lifeless. Non recording of reasons renders order to be violative of principles of natural justice.

Department can recover ITC of non-existent and bogus Firms: Allahabad HC

May 23, 2024 10260 Views 0 comment Print

Allahabad High Court rules against Rajshi Processors for wrongful ITC claims based on non-existent firms. Learn about the judgment and its implications on GST Section 16.

Burden of Proof for Double Movement under GST Lies on Department: Allahabad HC

May 22, 2024 1815 Views 0 comment Print

Allahabad HC rules that the burden to prove double movement of goods under UPGST lies with the department, quashing seizure and penalty orders against K Y Tobacco Works Pvt Ltd.

No Tax/GST Evasion Intent, Section 129(3) Penalty Invalid: Allahabad HC

May 22, 2024 1341 Views 0 comment Print

Allahabad High Court rules that without intent to evade tax, penalties under Section 129(3) of UP GST Act are unsustainable. Prahlad Rai Vijay Kumar case.

HC Proposes Penalties, Disciplinary Proceedings for denying Personal Hearings in GST Cases

May 22, 2024 1602 Views 0 comment Print

Allahabad HC imposes heavy costs & disciplinary action on GST officers for not providing personal hearings. NS Agro and Engineering Products Vs State of U.P.

GST: Search & seizure of godown cannot result in Section 129 penalty proceedings

May 21, 2024 1407 Views 0 comment Print

Allahabad High Court rules that a godown search and seizure cannot lead to penalty under Section 129(3) of UP GST Act. Read detailed judgment.

GST Registration Cancelled Without providing reason of Cancellation: HC set-aside order

May 17, 2024 459 Views 0 comment Print

Allahabad High Court, in the case of Saini Engineering And Civil Contractor vs. State of UP And 2 Others, set aside the orders cancelling registration under the Uttar Pradesh Goods and Services Tax Act, 2017, due to lack of reasoning, and directed a fresh adjudication with an opportunity for the petitioner to present their case.

Section 144B(6) Mandates Personal Hearing upon Assessee’s Request: Allahabad HC

May 16, 2024 723 Views 0 comment Print

Sec. 144B mandates AO to offer a hearing post show-cause notice. If requested, personal hearing is obligatory, not discretionary, in assessment.

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