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Allahabad High Court

Cancellation of GST registration based on direction of authorities of other statute is unsustainable

October 23, 2023 510 Views 0 comment Print

Allahabad High Court held that cancellation of GST registration based on direction of TTZ authorities constituted by Ministry of Environment and Forest, Government of India unjustifiable. Cancellation of GST registration has to be in accordance with section 29 read with rule 21 of GST Rules and no aid can be taken by any other statute.

GST Circular Doesn’t Override Statutes: HC Quashes Rs. 235 Crore Demand on Vivo Mobile

October 17, 2023 8439 Views 0 comment Print

The case centered on a circular that imposed limitations on the cumulative adjustment of ITC, contrary to the statutory provisions. The Court held that circulars cannot override statutory law.

‘Bakery Shortening’ and ‘Vanaspati’ are same commodities under Sales Tax Law

October 16, 2023 1137 Views 0 comment Print

Allahabad High Court held that both the goods i.e. ‘Bakery Shortening’ and ‘Vanaspati (hydrogenated vegetable oil)’ are being treated as one under Central Excise Tariff Act as well as Customs Tariff Act. Hence, both are to be treated as same even under Sales Tax Law.

Availability of GST order on common Portal does Not explicitly Imply Order Service

October 15, 2023 8352 Views 0 comment Print

Dive into the intricacies of GST order communication and service in the Baghel Trading Co. vs. State of U.P. case. Currently under review by the Allahabad High Court.

Exemption availability u/s. 38(1)(b) of Insecticide Act, 1968 to Ethephon not decided due to pending proceeding

October 7, 2023 456 Views 0 comment Print

Allahabad High Court disposed of the writ petition stating that it is premature to reach a fact conclusion whether Ethephon is an insecticide to which exemption is available or not available under Section 38(1)(b) of the Insecticide Act, 1968 as proceeding u/s 124 is pending.

Release goods & vehicle when accompanied by E-way bill: Allahabad HC

October 6, 2023 756 Views 0 comment Print

In the case of M/s. Western Carrier India Ltd vs. State of U.P., Allahabad High Court held that goods accompanied by an E-way bill and invoice should be released under Section 129 of CGST Act. Learn more.

Pardon u/s. 306 Cr.P.C. doesn’t result in acquittal of offence under PMLA

October 4, 2023 1284 Views 0 comment Print

Allahabad High Court held that the pardon granted under Section 306 Cr.P.C. to a person in a scheduled offence would not ipso facto result in his acquittal in the offence under the Prevention of Money Laundering Act (PMLA).

Passing of detention order without recording any findings is unsustainable in law

September 25, 2023 774 Views 0 comment Print

Allahabad High Court held that passing of detention order without recording any findings with regard to the submissions made by the assessee is unsustainable in the eye of law and liable to be quashed.

HC Quashes Order Denying Delay Condonation for ITR Filing After 20 Years

September 22, 2023 3417 Views 0 comment Print

Allahabad High Court’s ruling on ITR filing delay after 20 years. Analysis of Sri Kailash Chand Agarwal vs. Principal Commissioner case.

Allahabad HC Directs GST Department: Allow Form ITC-01 Filing

September 20, 2023 1422 Views 0 comment Print

Allahabad High Court’s judgment in Anupam Electricals and Electronics vs. State of U.P. grants relief to the petitioner for filing Form ITC-01 to claim Input Tax Credit (ITC)

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