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Allahabad High Court

GST Penalty & interest order passed by dept is appellable

April 2, 2019 1956 Views 0 comment Print

The writ petition is directed against the order passed under Section 73 (9) of the U.P. GST Act, 2017 dated 21.1.2015 by the Deputy Commissioner, Commercial Tax, NOIDA and the consequential order of penalty and interest thereof. The aforesaid order is appellable under Section 107 of the U.P. GST Act.

Allow manual filing of TRAN-1 to petitioner by 31.03.2019: HC

March 28, 2019 2763 Views 0 comment Print

Allahabad High Court directs GST council to address petitioner’s issue with filing GST Tran-1, allowing manual submission if portal issues persist.

Notice served at wrong address renders reassessment proceedings invalid

March 26, 2019 4602 Views 0 comment Print

Since Department had correct address of assessee and sending notice for reassessment at incorrect address drawing a presumption of service of notice was rendered assessment proceedings as invalid.

GST Appellate Authority cannot condone Delay beyond 30 Days: HC

March 20, 2019 6657 Views 1 comment Print

M/s Shanti Eat Udyog Surir Kala Tehsil Mant District Mathura Vs State of U.P. (Allahabad High Court) Admittedly, the period of limitation to file a first appeal under Section 107 of the U.P. Goods and Services Tax Rules, 2017 is three months and the period for which the delay may be condoned is thirty days […]

Reassessment not Valid if Objection of assessee not disposed of

March 12, 2019 2046 Views 0 comment Print

Reassessment order passed by Assessing Officer without disposing of objections raised by assessee to issuance of notice under section 148 of Income Tax Act, 1961 by a separate order, was not valid and thus, was liable to be quashed.

Constitution of Appellate Tribunal: Allahabad HC directs Centre & States to file Better Affidavits

March 12, 2019 741 Views 0 comment Print

As the Counsel for GST council as well as that for the State were unable to tell as to whether the Appellate Tribunal has been constituted or not, the matter was listed on 28 February 2019. Two affidavits were filed but it is apparent that promises were being made only in the air

TDS not deductible on Reimbursement of Expenses for conducting Exams

March 3, 2019 1578 Views 0 comment Print

The facts of the case reveal that the Assessee-University conducts examinations through various colleges affiliated to it. The affiliated colleges function as the examination centre. These affiliated colleges/centres in holding the examinations incur various types of expenditure both administrative and procedural. The Assessee-University reimburse these expenses to the affiliated colleges/centres.

HC order Release of Goods as Sale Transaction not attained Finality

February 20, 2019 735 Views 0 comment Print

Sunaiba Industries Vs State of U.P. (Allahabad High Court) The petitioner is the selling dealer of the goods. The goods were being transported from Delhi to Kanpur in 30 builties. Only on account of improper invoice in respect of some of the builites, the goods have been seized and directed to be released on furnishing […]

GST Tribunal Formed or Not? HC seeks response from GST Council

February 16, 2019 804 Views 0 comment Print

In this matter learned counsel for the G.S.T. Council is unable to tell as to whether the Tribunal is constituted or not. Learned standing counsel appearing for the State is also unable to tell as to whether the State has moved in the matter or not.

Levy of advertisement tax by State govt is ultra vires post 101st amendment

February 8, 2019 3279 Views 0 comment Print

Pankaj Advertising Vs State of U.P. (Allahabad High Court) Allahabad High Court has held that levy and collection of Advertisement Tax by Nagar Palika Parishad, Hathras is without legislative/statutory competence and is ultra-vires Article 265 of the Constitution. The High Court observed that by 101st Amendment to the Constitution, Entry-55 of List-II of Seventh Schedule […]

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