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Allahabad High Court

Offence under GST provisions are non cognizable hence FIR can be lodged

February 24, 2020 3255 Views 0 comment Print

In the instant case, the allegations are in respect of getting bogus firms registered under the GST Code and of preparing bogus invoices for the purpose of evading tax.

HC refuses to allow release of goods for Non Disclosure of Godowns & Non Payment of GST & Penalty

February 24, 2020 3651 Views 0 comment Print

The subject matter of challenge in the instant writ proceeding is challenging the seizure as well as praying for release of the seized goods. A counter affidavit filed on behalf of the State reveals, inter alia, as follows :-

HC rejects Bail application of alleged GST evader accused of running bogus business

February 23, 2020 1635 Views 0 comment Print

It has come on record that the applicant’s firm was found indulging in running business from bogus address and a huge transaction is shown to have been done without there is any such big transaction reflected from the account of the firm.

Bank guarantee is equivalent to tax payment for Section 129(1)

February 7, 2020 4308 Views 0 comment Print

Skipper Limited Vs Union of India (Allahabad High Court) The provision shows that upon seizure of goods and conveyances in transit, the Revenue shall issue a notice specifying the tax and penalty liable to be paid by the assessee and pass an order for payment and tax and penalty in the manner provided under Clause […]

No discretionary relief to taxpayers who repetitively ignored summons

February 6, 2020 1251 Views 0 comment Print

Explore Ankit Bhutani vs. Union of India case. The writ petitioner seeks relief in the tax inquiry against summonses, but the court dismisses the petition due to non-cooperation.

Odomos is not a Medicine and is a Mosquito Repellent: HC

January 26, 2020 4548 Views 0 comment Print

The materials in the records before the authorities below corroborate the fact that the petitioners pitched the product in their sale material and advertisements as a mosquito repellent. Various mosquito repelling qualities are identified as defining characteristics of the subject goods in the market.

Vehicle cannot be released if Owner of vehicle failed to prove that he had no knowledge about the goods

January 23, 2020 777 Views 0 comment Print

It is a case where a vehicle alongwith goods were seized when it was found carrying goods in violation of the Act of 2017. The petitioner alongwith owner of the goods was served with the notice before seizure of the goods.

Public functionary cannot be permitted to act like a dictator: HC

January 21, 2020 1572 Views 0 comment Print

Sant Prasad Seth Vs State of U.P. (Allahabad High Court) Withholding of post death dues for years together is not only illegal and arbitrary but a sin if not an offence since no law has declared so. The officials, who are still in service and are instrumental in such delay causing harassment must however feel […]

Service of order on driver was no service at all HC

January 20, 2020 1182 Views 0 comment Print

Jindal Pipes Limited Vs State Of U.P. (Allahabad High Court) It had been admitted that order was served upon the driver and, therefore, the order was neither served on the consignee nor on the consignor. Learned counsel relied upon a judgment of this Court reported in 2019 (21) GSTN 145 : S/S. Patel Hardware vs. […]

Benefit of Rule 6DD(c)(v) of cannot be given to Cash deposited directly in bank account of beneficiary

January 18, 2020 1467 Views 0 comment Print

Ajai Kumar Singh Khaldelial Vs PCIT (Allahabad High Court) In the present case, the question which arises for consideration is that in case, cash is deposited directly in the bank account of the beneficiary, can the benefit of Rule 6DD(c)(v) of the Rules, 1962, can be given to the assessee. Such transaction by depositing cash […]

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