Allahabad High Court rules in Aysha Builders case that generating an e-way bill after vehicle detention is non-compliant, frustrating the GST Act’s purpose, and upholds the Rs 75,600 penalty.
The Allahabad HC quashed GST confiscation orders for excess stock, ruling that authorities must proceed via regular assessment (Sec 73/74), not severe confiscation.
The Allahabad High Court stayed a ₹110 Cr GST demand on Dabur India’s Hajmola Candy, citing a Supreme Court precedent that previously settled the product’s classification issue.
The Allahabad High Court dismissed a writ petition filed by Nippon Tubes Limited, ruling that the detention of goods was justified because the movement of materials to a job worker lacked the mandatory GST delivery challan (Rule 55) and e-way bill, despite the existence of a master tax invoice.
Court held that taxpayers whose GST registration stands cancelled cannot be expected to access e-notices, setting aside an order issued without physical service.
The Allahabad High Court granted bail to Azharuddin, accused of over ₹20 crore (Rs.2.4 million) in GST evasion through Input Tax Credit (ITC) fraud, considering the completion of the investigation, the filing of the complaint, the maximum five-year sentence, and Supreme Court rulings on bail for economic offenses based on documentary evidence.
Earth Minerals successfully challenged the detention and penalty orders by Uttar Pradesh GST authorities for the inter-state movement of a Motor Grader to a project site. The Allahabad High Court relied on Central Board of Excise and Customs (CBEC) circulars, holding that such movement for self-use in a works contract is ‘neither a supply of goods nor service’ and is not liable for IGST.
The Allahabad High Court, in U.P. Rajya Nirman Sahakari Sangh Limited vs Union of India, quashed a tax recovery notice, holding that an assessee must be given credit for Tax Deducted at Source (TDS) if they provide valid Form 16A certificates, even if the amount is not reflected in Form 26AS.
Allahabad High Court disposes of Shree Dev Builders’ petition seeking waiver of GST interest and penalty, directing compliance with assessment and appellate remedies.
The Allahabad High Court granted a stay on proceedings against Maa Vindhya Vasini Tobacco challenging a GST levy calculated on a compounded basis using assumed manufacturing capacity.
