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Allahabad High Court

Non-Submission of Certified Section 74 Order Copy Doesn’t Warrant GST Appeal Rejection: HC

April 14, 2024 765 Views 0 comment Print

GST: First appeal of petitioner cannot be rejected for on the ground that the certified copy of the order passed under Section 74 of the Act was not annexed to the appeal

Section 75(4) of GST Act, mandates personal hearing before any adverse decision

April 14, 2024 17949 Views 0 comment Print

Analysis of the judgment by Allahabad High Court in Mahaveer Trading Co. vs Deputy Commissioner regarding tax assessment order under Uttar Pradesh GST Act.

UPVAT: Section 54(1)(2) Penalty Not Imposable for Best Judgement Assessment: Allahabad HC

April 12, 2024 1224 Views 0 comment Print

Allahabad High Court held that penalty under Section 54(1)(2) of the U.P. VAT Act, 2008 cannot be imposed in cases, wherein, the assessment is made on the basis of Best Judgement Assessment.

GST Search Authorization by Joint Commissioner without recording reasons is invalid

April 11, 2024 741 Views 0 comment Print

Read the full text of the judgment/order by Allahabad High Court regarding the unauthorized search and seizure in the case of Gaurav Saurav Traders.

Order invalid if SCN not discloses date, time or venue of personal hearing

April 11, 2024 888 Views 0 comment Print

In S.S. Suppliers vs. State of U.P., Allahabad HC rules show cause notice sans personal hearing details violates Sec 75(4), leading to order annulment. Learn more.

HC duty bound to uphold sanctity of lower court judgments unless there exist compelling reasons to intervene

April 11, 2024 684 Views 0 comment Print

The Commissioner, Commercial Tax U.P. Vs Godfrey Philips India Limited (Allahabad High Court) In a recent landmark decision, the Allahabad High Court reinforced the fundamental principles governing the exercise of revisional jurisdiction in tax matters. The case of Commissioner, Commercial Tax U.P. versus Godfrey Philips India Limited elucidates the crucial distinction between ‘appeal’ and ‘revision’, […]

UPVAT: ITC cannot be granted merely on the basis of invoices & payment details

April 10, 2024 24234 Views 0 comment Print

Allahabad High Court’s ruling in Commissioner vs Soma Enterprises Ltd stating that Input Tax Credit (ITC) claims cannot be granted solely on the basis of invoices and payment details

Right to personal hearing & object SCN cannot be compromised if SCN not uploaded on GST portal

April 10, 2024 807 Views 0 comment Print

Understand the implications of Allahabad HC’s ruling on the right to object show cause notices on GST portal. Learn how non-uploading affects rights and legal proceedings.

Section 50(2) of PMLA empowers to summons any connected person during investigation: Allahabad HC

April 10, 2024 1077 Views 0 comment Print

Allahabad High Court held that provisions of section 50(2) of PMLA Act empowers Directorate of Enforcement to summon any person whose attendance he considers necessary whether to give evidence or to produce any records during the course of any investigation/ proceeding.

Allahabad HC quashes Estimation-Based Confiscation & Penalty, Citing Lack of Verification & Delay

April 7, 2024 2298 Views 0 comment Print

In Eco Plus Steels Pvt. Ltd. vs State of U.P., the Allahabad High Court rejects confiscation & penalty based on estimation, citing lack of physical verification & undue delay.

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