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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
