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Allahabad High Court

E-commerce intermediaries not liable for goods put up for sale on their platform

November 3, 2022 4335 Views 0 comment Print

Allahabad High Court held that e-commerce intermediary i.e. Flipkart is not liable for the goods put up for the sale by the seller on its platform. Such e-commerce networks are exempted from liability under the I.T. Act, 2000.

GST Provisions of Provincial Statute cannot override provisions of Central Statue

October 26, 2022 1725 Views 0 comment Print

Godrej And Boyce Manufacturing Co. Ltd Vs State of U.P (Allahabad High Court) 1. In all these writ petitions seizure orders and notices issued under sections 129 (1) and (3), respectively, by various authorities, mainly on the ground that E-Way Bill-01 under U.P. Goods and Service Tax Act 2017 (hereinafter referred to as U.P.G.S.T ACT) […]

Authority cancelling GST Registration must Indicate Reasons for the same in order

October 24, 2022 1395 Views 0 comment Print

Om Prakash Mishra Vs State of U.P (Allahabad High Court) A perusal of the Annexure no.2, makes it clear that no reasons whatsoever have been recorded while passing the order of cancellation of the registration of the petitioner’s firm. The order clearly being without any reason cannot be accepted to be an order in accordance […]

No requirement of carrying e-way bill for inter-State transfer of goods

October 22, 2022 2193 Views 0 comment Print

The Court held that it being an inter-State transfer of goods there was no requirement of carrying the U.P. State e-way bill – the insistence by the State authorities that the petitioner’s vehicle was not carrying the U.P. E-way bill is without any factual and legal basis

Documents furnished at physical verification stage- Confiscation of goods without proper enquiry not valid 

October 22, 2022 915 Views 0 comment Print

A.S. Enterprise Vs Commissioner of State Tax U.P. (Allahabad High court) The petitioner’s case was that the petitioner could not produce relevant documents at the time of inspection of goods in transit. The same (all documents) were produced at the time of physical verification. The authority declined to verify the same. The detaining authority formed […]

Time lost due to technical glitches on GST Portal needs to be excluded for calculating GST Appeal filing limitation

October 18, 2022 1443 Views 0 comment Print

Brij Bihari Singh Vs Commissioner Commercial Tax Lucknow (Allahabad High Court) The statutory right of appeal is not an illusory remedy given to the assessee or a person aggrieved. It is an effective and real remedy granted within the structure of the statute to allow for redressal of genuine grievances. Therefore, the appeal forum (wherever […]

HC deletes penalty on cash loan taken by Dimpal Yadav from Samajwadi Party

October 16, 2022 1599 Views 0 comment Print

CIT Vs  Dimpal Yadav (Allahabad High Court) In the instant case, we find that the Tribunal has given a categorical finding that the assessee had established a reasonable cause for failure to comply with the provision of Section 269SS of the Act. The Tribunal further found that the loan given by the Samajwadi Party was […]

Payment of 10% mandatory pre-deposit for filing GST appeal from credit ledger is permissible

September 26, 2022 20712 Views 0 comment Print

High court held that payment of 10% mandatory pre-deposit for filing appeal u/s. 107(6) of CGST Act 2017 can be made by assessee from Electronic credit ledger and is is not mandatory that pre-deposit should have been made from the cash ledger.

HC set-aside order uploaded on GSTN Portal for not containing reasons

September 25, 2022 1326 Views 0 comment Print

Where order in Form GST DRC-07 as visible in GSTN Portal did not contain reasons, same was wholly defective and, hence was to be remitted back for fresh adjudication

GST Evasion: Bail to co-accused can be a strong ground for another co-accused

September 14, 2022 2106 Views 0 comment Print

Bail granted to one of the co-accused, can be a strong ground for another co-accused to also be enlarged on bail. Ashish Rajput Vs Union of India (Allahabad High Court)

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