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Allahabad High Court

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

May 23, 2024 10335 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 1842 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 1371 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 1617 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 1455 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 468 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 768 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.

UPVAT Section 29 reassessment is limited to matters directly impacting turnover assessment or tax liability

May 16, 2024 492 Views 0 comment Print

Allahabad HC: UPVAT Act section 29(7) allows reassessment for turnover, tax rates, deductions, or exemptions, not ITC. ITC is separate from turnover; it can’t solely trigger reassessment.

Director not Liable for Company’s UPVAT dues Without Wrongdoing Evidence

May 16, 2024 561 Views 0 comment Print

Allahabad High Court rules directors not liable for company’s tax dues under UPVAT unless evidence of intentional wrongdoing, citing legal precedent.

Unreasoned GST Registration order cannot be sustained in law: Allahabad HC

May 15, 2024 768 Views 0 comment Print

Unreasoned GST registration order deemed invalid by Allahabad High Court. Judicial orders must provide sufficient reasons to be legally upheld.

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