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Allahabad High Court

HC on GST discrepancies vs Fake Invoice or undisclosed Sale

March 17, 2021 8790 Views 0 comment Print

Jai Maa Jwalamukhi Iron Scrap Supplier Vs State of U.P. (Allahabad High Court) 1. When the respondents have not denied the issuance of the invoice and the e-way bills uploaded against subject transactions it has to be assumed that the invoice and the e-way bills had been issued. 2. Once the respondent admits that the […]

HC dismisses PIL for framing rules for Uniform of Excise Officers

March 17, 2021 2037 Views 0 comment Print

As per the own case of the petitioner as set out in paragraph 19 of the writ petition there is practice of wearing Khakhi Uniform by the officers of different wings of the department which was started sometime in the year 1938. However, there is no uniformity in these uniforms. As such, it cannot be said that the insistence of wearing Uniform by the members of the petitioner’s association has been introduced recently in the department, without there being any order or direction.

HC directs U.P. RRDA to ensure reimbursement of GST to contractor

March 4, 2021 2850 Views 0 comment Print

Maa Vindhya Vasini Constructions V. Sujit Kumar C.E.O (Allahabad High Court) The grievance of the applicant company is that despite deposit of GST from its own source, opposite parties failed to refund the applicant the tax component. Aggrieved, applicant approached this Court by filing a writ petition which came to be disposed of vide order […]

Allahabad HC Restrains Govt. From Establishing GSTAT in UP

March 4, 2021 783 Views 0 comment Print

Having considered the arguments advanced and also the instructions communicated to us on behalf of respondent nos. 1 and 2, we deem it appropriate to direct respondent nos. 1 and 2 for not establishing Goods and Services Tax Appellate Tribunal for the State of Uttar Pradesh without leave of this Court.

Allahabad HC rejects Bail Application of Aparna Purohit in ‘TANDAV’ web series case

February 25, 2021 2133 Views 0 comment Print

Legal analysis of Aparna Purohit’s anticipatory bail rejection in ‘Tandav’ case. Allahabad High Court decision on OTT content and fundamental rights.

Deduction allowed on share of freehold conversion charges, stamp duty etc. for converting property into freehold

February 11, 2021 3912 Views 0 comment Print

Assessee had rightly claimed the deduction on account of improvement in the property being improvement in title of the property on being converted from leasehold Nazul land to freehold property as getting the property freehold will grant perfect ownership rights/title in favour of the existing lessee’s, who would then be in a position to transfer/sell the property.

Ensure Functioning of GSTAT Benches in UP by 01.04.2021: HC

February 9, 2021 1239 Views 0 comment Print

Torque Pharmaceuticals Pvt. Ltd. Vs Union of India And 5 Others (Allahabad High Court) It is pertinent to mention that dealers in the State of Uttar Pradesh falling under the CGST Act/ U.P. GST Act and aggrieved with the orders of first appellate authority under Section 107, have been left remediless inasmuch as Appellate Tribunal […]

Petitioner cannot be made to suffer for No provision of restoration of GST registration in Software: HC

January 18, 2021 1635 Views 0 comment Print

Vidyut Majdoor Kalyan Samiti Vs State of U.P. (Allahabad High Court) The contention that there is no provision of restoration of a GST registration, once it has been cancelled borders on the absurd. In case, no provision for its restoration has been made in the software, the same is not the fault of the petitioner […]

Rule not prescribe for cancellation of e-way bill if no transportation of goods is made within 24 Hours

January 18, 2021 12762 Views 0 comment Print

Explore the Allahabad High Court judgment on Anandeshwar Traders vs State of U.P. regarding e-way bill cancellation, transportation timelines, and additional evidence in tax matters.

HC allows Anticipatory Bail in alleged GST evasion of Rs.100 Cr

January 13, 2021 7077 Views 0 comment Print

Where the implication of a person was for a non-bailable offence, he could apply for anticipatory bail. If the applicant cooperated with the inquiry, there was no requirement of his arrest. Assessee was having his own address of residence and business. He could give surety ensuring his appearance. Therefore, he deserved to be granted limited protection for the purpose of conclusion of inquiry by the Proper Officer. Thus, Allahabad High Court granted the anticipatory bail  to a person alleged of GST evasion to the tune of Rs.100 Crores.

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