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Allahabad High Court

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

January 21, 2020 1614 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 1215 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 1518 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 […]

HC quashes ROC action deactivating DINs of all disqualified Directors

January 16, 2020 9063 Views 0 comment Print

Allahabad High Court held thaty there is no provision which empowers ROC to de-activate DIN, only on the ground that a Director has incurred disqualification under Section 164(2) (a) or his Office has become vacant under Section 167(1) (a). It also quashes List of disqualified directors published by ROC in public gazette.

Within what time U.P. GSTAT would be constituted: Allahabad HC Ask

January 16, 2020 798 Views 0 comment Print

In the present case a provision has been made in Section 109 for creation of the GST, Appellate Tribunal, but the reasons best known to the respondents only for the State of U.P. said Appellate Tribunal has not been constituted.

Seized Vehicle along with Goods released on satisfaction of Rule 140 Requirement

January 9, 2020 1215 Views 0 comment Print

AK Overseas Vs. State of U.P. & Ors. (Allahabad High Court) The Petitioner has filed the writ petition to release the seized goods which are seized under Rule 140 of the Central Goods and Services Rules, 2017. High Court states that, in case the petitioner fulfills the requirement of Rule 140 together with its explanation, […]

Vehicle Seized with Goods Released on complying CGST Rule 140

January 9, 2020 1935 Views 0 comment Print

High Court states that if the petitioner fulfills the requirement of Rule 140 together with its explanation, Authorised GST officer will release his vehicle along with the goods within period of one week.

Downloading of e-way bill from official website mandatory from 1.4.2018

December 24, 2019 1017 Views 0 comment Print

Shaurya Enterprises Vs State of U.P. (Allahabad High Court) It has been observed that till March 31, 2018 it was not mandatory to download the e-way bill from the official website and the said requirement was effective from 1st April, 2018. In this case the e-way bill which was downloaded and submitted on 10.12.2017 at […]

CPC-Constructive notice, not sufficient-‘Willful disobedience’ to be proved beyond doubt

December 18, 2019 6006 Views 0 comment Print

Makkhan Singh Vs Shyam Singh And 3 Others (Allahabad High Court) CPC-Constructive notice, held not sufficient-‘Willful disobedience’ to be proved beyond doubt-Court not to proceed on surmises or inferences As regards the contention raised on behalf of the plaintiff/petitioners with regard to presumption of service of notice in a case of a notice sent by […]

Form GST TRAN-1 can be revised only once within the specified period

December 1, 2019 4536 Views 0 comment Print

A conjoint reading of the Rule 117 and 120A of CGST Rules, 2017clearly reveals that every registered person who has submitted a declaration electronically in FORM G.S.T. T.R.A.N-1 within the period specified in Rule 117 or Rule 118 or Rule 119 or Rule 120 is allowed to revise such declaration once and submit the revised declaration in FORM G.S.T. T.R.A.N-1 electronically on the common portal,

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