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Allahabad High Court

If petitioner is either a consignor or a consignee, he has to be treated as owner of goods

April 23, 2023 1050 Views 0 comment Print

If petitioner is either a consignor or a consignee, he has to be treated as a owner of goods & provisions of Section 129(1)(b) not invokable

UPGST: Opportunity of hearing mandatory if adverse decision is contemplated

April 22, 2023 960 Views 0 comment Print

Section 75(4) of UPGST Act makes it mandatory to grant opportunity of hearing where an adverse decision is contemplated.

GST registration cancellation for mere not replying SCN is invalid

April 21, 2023 885 Views 0 comment Print

Order does not assign any reason for cancelling GST registration and is passed only on the ground that reply to show cause notice is not given. Non-submission of reply to SCN cannot be a ground for cancellation of GST registration.

GST Registration cannot be cancelled for allegedly being a bogus firm

April 19, 2023 16875 Views 0 comment Print

GST registration cannot be cancelled for allegedly being a bogus firm as it is not a ground enumerated under Section 29(2) of GST Act

GST Registration cannot be cancelled for non-reply to SCN

April 17, 2023 1767 Views 0 comment Print

HC held that as order not assign any reason for cancelling GST registration and is passed only on the ground that reply to show cause notice is not given. Non-submission of reply to SCN cannot be a ground for cancellation of registration.

Ex Parte Order on first day of hearing violates Principles of Natural Justice

April 15, 2023 12282 Views 0 comment Print

Deciding appeal on ex parte basis on very first day of hearing is unjustified & such order is vitiated due to violation of principles of natural justice

Section 15 of GST Act not prescribe valuation based on eye estimation

April 13, 2023 1662 Views 0 comment Print

Allahabad High Court held that provisions of section 15 of the GST Act doesnt prescribe valuation of goods on the basis of eye estimation. Accordingly, impugned order based on such valuation is not sustainable.

When public servant makes demand & bribe giver accepts & pays, it is obtainment u/s 13(1)(d) of P.C. Act

April 3, 2023 8754 Views 0 comment Print

Allahabad High Court held that when public servant himself makes a demand and demand is accepted by bribe giver and bribe is paid by the bribe giver, it is a case of obtainment under Section 13(1)(d)(i) and 13(1)(d)(ii) of the Prevention of Corruption Act, 1988.

Transport of goods twice on sale e-way bill cannot be alleged on mere presumption 

March 29, 2023 1410 Views 0 comment Print

S.R. Sales Vs State Of U.P. And 3 Others (Allahabad High Court) HC find that this is a case where the authorities had proceeded merely on presumption that goods which were being transported from Birur (Karnataka) to Kanpur (U.P.) were in fact brought by the petitioner from Nagpur into the State of U.P. using two […]

Allahabad HC rejects Anticipatory Bail Plea of Ex Sales Tax Officer

March 29, 2023 282 Views 0 comment Print

Munna Singh Ex Sales Tax Officer Vs. State of U.P. (Allahabad High Court) 1. Heard Sri Pradeep Kumar Shukla, learned counsel for the accused-applicant as well as Sri Ratnendu Kumar Singh, learned AGA for the State and perused record. 2. The present bail application under Section 438 Cr.P.C. has been filed by the accused applicant […]

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