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Allahabad High Court

Burden of Proving Concession Shifts from Assessee to Department in Reassessment Proceedings: Allahabad HC

November 1, 2023 480 Views 0 comment Print

Allahabad High Court ruling: In original proceedings, the burden to prove claimed concessions is on the assessee; it shifts to the department in reassessment. Analysis.

Income Tax Act Orders Should Initially Undergo Appeals, Not Immediate Writ Challenges

November 1, 2023 747 Views 0 comment Print

Allahabad High Court addresses Income Tax Act, reaffirming that appealable orders must be pursued before invoking writ jurisdiction. Learn more.

Imposition of penalty u/s. 129(3) of UPGST untenable in absence of intention to evade tax

October 31, 2023 1350 Views 0 comment Print

Allahabad High Court held that imposition of penalty under section 129(3) of the UPGST untenable as no observation has been made with regard to intent to evade payment of tax.

No provision to Disclose Route of Transportation of Goods under GST

October 30, 2023 1812 Views 1 comment Print

Allahabad High Court sets aside goods seizure, citing no GST provision for declaring transportation routes. Analysis of the Om Prakash Kuldeep Kumar case.

Allahabad HC Quashes GST Penalty, Imposes Heavy Costs on Revenue

October 30, 2023 1872 Views 0 comment Print

Allahabad High Court quashes a GST penalty under Section 129, citing arbitrary actions and no intent to evade tax, imposing heavy costs on the Revenue.

Plea that is not put forward in pleading cannot be argued later for grant of relief

October 30, 2023 645 Views 0 comment Print

Allahabad High Court held that argument regarding no intention to avoid payment of tax not whispered in the writ petition. Hence, held that the petitioner cannot be permitted to argue the case without there being any pleading in support of his arguments.

Penalty u/s 129(3) of CGST Act unsustainable as no intention to evade payment of tax

October 30, 2023 7323 Views 0 comment Print

Allahabad High Court held that for imposition of penalty under section 129(3) of the Central Goods and Services Tax Act, 2017 [CGST Act] intention to evade payment of tax is a pre-requisite. No penalty u/s 129(3) as there was no intent on part of petitioner to evade tax.

GST not chargeable on premium and lease rent on plots allotted to hospitals

October 28, 2023 2451 Views 0 comment Print

Allahabad High Court held that GST is not chargeable on premium and lease rent on plots allotted to hospital against lease granted for more than 30 years. Accordingly, communication demanding deposit of GST liable to be quashed.

GST: Intent to Evade Tax a Prerequisite for Sections 129 & 130 Proceedings

October 24, 2023 2643 Views 0 comment Print

Explore the case of Shyam Sel And Power Limited vs. State of U.P. in Allahabad High Court. The verdict emphasizes the role of intent in invoking CGST Act provisions.

Allahabad HC Upholds Input Tax Credit Denial Due to Lack of Evidence

October 23, 2023 20394 Views 1 comment Print

Explore the judgment from the Allahabad High Court in the case of Malik Traders vs. State of U.P. The court upheld the denial of input tax credit due to insufficient evidence, highlighting the importance of providing comprehensive proof of transactions in GST cases.

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