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Allahabad High Court

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 3375 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.

HC directs govt to take action against officers erring in passing Assessment Order

May 30, 2022 2589 Views 0 comment Print

Harish Chandra Bhati Vs PCIT (Allahabad High Court) Personal Affidavit of Shri Tarun Bajaj, Revenue Secretary to The Govt. of India has been taken on record. It provides for initiation of suitable administration action against the erring officer where assessments are found to be high pitched or there is non-observence of Principles of natural justice, […]

HC directs proceeding against officers passing erroneous order

May 29, 2022 4416 Views 0 comment Print

Dharmendra Kumar Singh Vs Union of India (Allahabad High Court) Instruction F. No. 225/101/2021/-ITA-II, dt. 25/04/22 provides for initiation of suitable administrative action against the erring officer in case where assessments are found by the local committee to be high-pitched or where there is non-observance of principles of natural justice, non- application of mind or […]

HC allows Refund of amount unlawfully collected along with interest on delayed refund

May 23, 2022 3267 Views 0 comment Print

Refund was allowable to assessee alongwith the interest on delayed refund as the officer arbitrarily and illegally withheld the amount of refund despite the order of the first appellate authority dated 30.06.2018 for refund.

Permission for reassessment cannot be sought by AO u/s 56 of UP VAT Act, 2008

May 22, 2022 4923 Views 0 comment Print

Section 56 of the U.P. VAT Act would reveal that the section has wide power, but seeking of permission by the assessing authority for making reassessment of the dealer is not conferred under the said provision.

GST: Section 129 Order without affording opportunity of hearing to assessee is invalid

May 18, 2022 3720 Views 0 comment Print

Premium Traders Vs State of U.P. (Allahabad High Court) It is admitted case of the respondents that the invoice accompanied with the goods in question was issued by the petitioner. Therefore, the respondent no.3 has committed a manifest error of law not to afford any opportunity of hearing to the petitioner despite persuasion made by […]

Allahabad HC stays GST demand on payment of royalty to conduct mining activity

May 14, 2022 3144 Views 0 comment Print

Jitendra Singh Vs Union of India (Allahabad High Court) On merits, it has been submitted, no liability of GST may arise on payment of royalty to conduct mining activity. Reliance has been placed on a an interim order dated 15.11.2021 of this Court passed by a division bench in Writ Tax No. 475 of 2021 […]

HC directs tribunal to consider chemical analysis report of ‘AT-PLAST’ while deciding VAT Rate

May 14, 2022 636 Views 0 comment Print

Unique Engineers Vs Commissioner Commercial Tax Lko (Allahabad High Court) Admittedly, the revisionist manufactured ‘AT-PLAST’ which are being used in mixing of ready mix concrete / concrete and it has been averred by the revisionist that the said product are being used along with concrete for reducing the uses of water, delay the time of […]

HC direct Tax dept to maintain judicial discipline & follow doctrine of binding precedent

May 7, 2022 3372 Views 0 comment Print

HC direct the respondents to maintain judicial discipline and follow the doctrine of binding precedent and be careful in future, having due regard to the authorities of the Court, keeping in mind the judicial propriety and discipline.

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