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Allahabad High Court

GSTN may provide additional field to feed vehicle type in E-way bill Form: HC

August 4, 2022 1482 Views 0 comment Print

Riadi Steels LLP Vs State of U.P. (Allahabad High Court) The GSTN authority is required to consider the feasibility of providing an additional field in the online form to be filled by dealers/transporters to obtain E-way bill, such that an additional field may be provided to feed the vehicle type i.e. normal or ODC etc., […]

SCN Cancelling GST Registration must Disclose Reason for cancellation

August 4, 2022 5493 Views 0 comment Print

Unless that allegation was specified in the notice with details and unless material considered adverse to the petitioner had been confronted to it for the purposes of eliciting its reply thereto, the notice dated 9.7.2012 would remain completely vague and mute.

HC quashed Order Passed without considering Adjournment Application

August 2, 2022 1599 Views 0 comment Print

Mittal Plywood And Furniture Vs State of U.P. (Allahabad High Court) From the record, it appears that the first notice was given by the respondent no.2 to the petitioner on 15.03.2022 granting 15 days’ time to submit reply with respect to the allegedly unverified transaction of Rs.3,19,22,729/-. On 30.03.2022, the petitioner submitted online adjournment application […]

UPVAT: Insulated glass taxable as unclassified commodity @ 10%

July 31, 2022 795 Views 0 comment Print

Tribunal was legally justified in holding that on the manufacture and sale of laminated, insulated and toughened glass the dealer was liable to tax @ 10% as glass and not @ 16% as all the goods made of glasses

Creditworthiness of Lender not proved: Section 148A(d) order valid

July 7, 2022 873 Views 0 comment Print

Indus Technical Education Society Vs Union of India (Allahabad High Court) So far as unsecured loan of Rs. 28,53,439/ is concerned, the petitioner could not submit any credible evidence alongwith its reply to establish credit worthiness of the lender i.e. M/s Arrow Netmart Pvt. Ltd. Therefore, prima facie, the Assessing Authority had some relevant material […]

HC directs UP govt to Ensure Strict Compliance with Section 14 of SARFAESI Act

June 21, 2022 2112 Views 0 comment Print

Asset Reconstruction Company India Ltd. Vs State Of U.P. (Allahabad High Court) Chief Secretary of the State of Uttar Pradesh to issue clear directions to all the concerned authorities in the State of Uattar Pradesh to comply strictly the provisions of Section 14 of the SARFAESI Act, 2002 and handover physical possession of the secured […]

Challenge to re-assessment proceeding before disposal of objection not maintainable: HC

June 21, 2022 471 Views 0 comment Print

Jagran Prakashan Limited Vs Assessing Officer (Allahabad High Court) Undisputedly, in view of the decision of the Supreme Court as regularly followed by this Court by way of procedural principle, the Court does not directly entertain the challenge to re-assessment proceeding before disposal of the objection filed by the assessee to the initiation of such […]

GST on Royalty on Mining: Allahabad HC directs Assessee to Reply to SCN

June 18, 2022 840 Views 0 comment Print

Petitioner contended that in terms of the provisions contained in Goods and Service Tax Act no goods and services tax is leviable on the amount of royalty paid for undertaking mining operations in respect of minor minerals.

SC judgment not applies to Section 148 notice for AY 2013-14 to 2015-16

June 15, 2022 14238 Views 0 comment Print

Ajay Bhandari Vs Union of India (Allahabad High Court) Reassessment — Reopening of assessment — Reopening notice issued under unammended provisions — Reliefs sought in petition is to quash impugned notice u/s 148 — Held, as per Clauses 6.2 and 7.1 of Board’s Circular dated 11.05.2022, if a case does not fall under Clause (b) […]

GST Detention proceedings invalid if valid documents accompanied goods

June 3, 2022 3366 Views 0 comment Print

Once the valid document i.e. e-way bill was accompanying with the goods, the authorities ought to have release the vehicle.

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