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Allahabad High Court

No penalty for incomplete Part-B of e-way bill due to technical error

September 14, 2022 6087 Views 0 comment Print

Prima-facie no intent to evade duty can be ascertained, penalty cannot be levied only on allegation that Part-B of e-way bill not filled

NHAI is Best Judge to Decide Suitable land For Highway Construction: HC

September 11, 2022 1518 Views 0 comment Print

HC held that National Highway Authority is the best judge to decide which land would be suitable for the construction of the Highways.

Bail granted in GST evasion case after considering various relevant factors

September 9, 2022 630 Views 0 comment Print

Bail granted after considering various factors like applicant already paid INR 54.09 Crores; the amount of INR 196,57,02,539/- is already seized by the department; applicant has already spent more than 8 months in jail; applicant has not previous criminal history; etc.

HC quashed Section 148 Notice for not recording valid section 151 satisfaction

September 8, 2022 11424 Views 1 comment Print

Vikas Gupta Vs Union of India (Allahabad High Court) Important recent update on landmark Allahabad high court ruling in cases of Vikas Gupta & others vs UOI order dated 08 Septmber  2022 on fatal impact of lack of  Mandatory requirement of valid sec 151 approval on part of approving authority Held quashing notices u/s 148 […]

AO must pass provisional attachment order under GST only after recording his opinion

September 8, 2022 1575 Views 0 comment Print

Order of provisional attachment cannot be passed with complying with the conditions of forming an opinion, having a tangible material, etc.

No Penalty under Section 129 for Bonafide Mistakes in E-Way Bill

September 5, 2022 3138 Views 0 comment Print

Shanu Events Vs State of U.P (Allahabad High Court) Perusal of the e-way bill reveals, the petitioner made an inadvertent error in applying for the e-way bill. After mentioning the place of shipment to ‘Kumbh Mela, Haridwar, Uttarakhand’, the words ‘Madhya Pradesh – 483501’ were filled up. The address having been thus wrongly filled up […]

Allahabad HC Quashed Section 148 reassessment Notice for A.Y. 2014-15

September 5, 2022 1299 Views 0 comment Print

Priya Vs ITO (Allahabad High Court) Heard Sri Rahul Agarwal, learned counsel for the petitioner and Sri Gaurav Mahajan, learned counsel for the respondent nos. 1 and 2/ Income Tax Department. This writ petition has been filed praying, inter alia, for the following relief:- “(i) Issue a writ, or direction in the nature of certiorari […]

Relaxation of Limitation to file GST Registration Revocation application also applies to Appeal Filing

August 29, 2022 1296 Views 0 comment Print

Singh Group Vs State Of U.P. (Allahabad High Court) GST Registration cancellation orders: Once the Government exercised its powers and reached a satisfaction (that there were defects on the common GST portal with respect to service of orders) and, provided relaxation of limitation, by suspending the period of limitation with respect to orders passed up […]

Prima Facia rejection of Refund of License Fee to Model Shops for Covid Restrictions is illegal

August 26, 2022 336 Views 0 comment Print

Nidhi Agarhari Vs State of U.P (Allahabad High Court) The petitioner had applied for license for model shop within the limits of Civil Lines, Fatehpur for the Excise Year 2020-2 1 and the allotment letter dated 16.03.2020 was issued to the petitioner by the competent authority. Pursuant thereto, the petitioner deposited the license fees for […]

Bogus accommodation entries – HC upheld validity of Section 148 Notice

August 25, 2022 2523 Views 0 comment Print

Rochana Agarwal Vs ACIT (Allahabad High Court) The reason for issuing the notice under Section 148 of the Act is that during investigation, the Assessing Officer has gone through the income tax return and other related documents of the assessee and has found that the M/s KCGP Share Broking Service Pvt. Ltd. has been used […]

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