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Allahabad High Court

HC dismisses PIL and imposes ₹50k Cost on litigant for misleading the court

April 6, 2022 2460 Views 0 comment Print

Ram Prasad Rajouriya Vs State of U.P. and others (Allahabad High Court) one of the two cherished basic values by Indian society for centuries is “satya” (truth) and the same has been put under the carpet by the petitioner. Truth constituted an integral part of the justice-delivery system in the pre-Independence era, however, post-Independence period […]

Partner of Firm who Attended Survey cannot Dispute Stock Quantity recorded during survey at later stage

April 6, 2022 480 Views 0 comment Print

The only dispute has been raised by the counsel for the applicant before this Court is only that the estimate of 40 tons has wrongly been recorded by the authorities; whereas, no actual weightment was made by the surveying authority.

Jail is Rule & Bail is Exception for Money-Launderers: HC

March 30, 2022 2613 Views 0 comment Print

Anticipatory bail denied in PMLA case, applicant accused of money laundering. Enforcement Directorate cites forged documents and Rs.25,000 tainted money.

GST: HC explains Inherent lack of jurisdiction or contributory error of jurisdiction

March 29, 2022 13479 Views 0 comment Print

Section 6(2)(a) of the CGST Act mandates that where any proper officer under the CGST Act issues an order, he shall also issue an order under the SGST Act or the UTGST Act as authorized under those Acts, as the case may be, under intimation to the jurisdictional officer of the State tax or the Union territory Tax. Clause (2) of sub section (2) of Section 6 of the CGST Act/UPGST Act mandates that where a proper officer under the SGST Act or the UTGST Act has initiated any proceedings on a subject-matter, no proceedings shall be initiated by the proper officer under the CGST Act on the same subject-matter.

HC confirms Suspension of period of limitation from 15.3.2020 to 14.3.2021 for GST Appeal

March 20, 2022 1506 Views 0 comment Print

J.K Infratech Vs Additional Commissioner (Allahabad High Court) In this case it transpires, the GST registration cancellation order dated 17.9.2019 was passed ex-parte pursuant to a notice claimed to be served through the common portal. The petitioner could not reply to the same as he claimed lack of knowledge. Thereby, ex-parte order was passed on […]

Non-Constitution of GST Tribunal: Allahabad HC Refers matter to Larger Bench

March 18, 2022 4887 Views 0 comment Print

Explore the legal implications of the non-establishment of GST Tribunal in Uttar Pradesh, leaving dealers remediless. Key questions referred to a Larger Bench.

Form GST DRC-01A is a pre-SCN intimation- principles of natural justice must be followed

March 17, 2022 65418 Views 0 comment Print

Nanhey Mal Munna Lal Vs State Of U.P. (Allahabad High Court) Prima facie, perusal of Form GST DRC-01A under rule 142(1A) of the Rules indicates that it is a pre-show cause notice (Pre-SCN) intimation with reference to Section 73(1)/(5) or Section 74(1)/(5) to an assessee so that either he may deposit the amount of tax […]

Despite existence of alternative remedy in case of violation of principles of natural justice HC can accept writ petition

March 17, 2022 4494 Views 0 comment Print

Bharat Mint And Allied Chemicals Vs Commissioner Commercial Tax (Allahabad High Court) The stand taken by the respondents in the counter affidavit that the writ petition is not maintainable as the petitioner has an alternative remedy of appeal under Section 107 of the Act, can also not be accepted inasmuch as it is settled law […]

Mere digitally signing the notice is not the issuance of notice

March 16, 2022 5592 Views 2 comments Print

Daujee Abhushan Bhandar Pvt. Ltd Vs Union of India (Allahabad High Court) Considering the provisions of Section 282 and 282 A of the Act, 1961 and the provisions of Section 13 of the Act, 2000 and meaning of the word “issue” we find that firstly notice shall be signed by the assessing authority and then […]

GST Refund Application cannot be rejected merely for delay: HC

March 15, 2022 14535 Views 0 comment Print

Gamma Gaana Limited Vs Union of India (Allahabad High Court) GST Refund Application cannot be rejected on mere ground of delay in the light of Supreme Court Order – High Court of Allahabad The Hon’ble High Court of Allahabad has declared in Gamma Gaana Limited Vs. Union of India & 3 others in Writ Tax […]

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