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Allahabad High Court

Successive writ petitions for same cause of action are not maintainable

February 7, 2019 6522 Views 0 comment Print

Integrated Tech 9 Labs (P) Ltd. Vs State of U.P. & Ors. (Allahabad High Court) In case we allow the petitioner to challenge the said order in this writ petition it would amount to filing of successive writ petitions for one of the causes of action involved in the earlier writ petition. It is settled […]

GST order served on driver cannot be treated as served on Appellant

December 10, 2018 1473 Views 0 comment Print

S/S Patel Hardware Vs Commissioner (Allahabad High Court) Keeping in mind the fact that the delay in filing the appeal may not be condoned beyond the period of one month from the expiry of period of limitation, the phrase “communicated to such person” appearing in Section 107(1) of the Act commend a construction that would […]

Seizure of goods for expiry of e-way bill, expired after detention not justified

November 22, 2018 8514 Views 0 comment Print

Timexo Fasteners India (P.) Ltd. Vs State of U.P. (Allahabad High Court) Petitioners alleged that the vehicle with the goods had entered Kanpur at 8.00 p.m. on 10.11.2018 much before the period mentioned in the e-way bill had expired which fact remains unanswered in the instructions, we are of the opinion that the seizure of […]

Non-disposal of Section 12AA application within six months not results in deemed grant of registration

November 16, 2018 1680 Views 0 comment Print

Non-disposal of an application for registration, by granting or refusing registration, before the expiry of six months as provided under section 12AA(2) would not result in deemed grant of registration,

Liability to pay GST: HC ask parties to avail alternate remedy of Arbitration available as per agreement

November 15, 2018 696 Views 0 comment Print

Chandra Kishor Singh Vs. Director, Construction And Design Services U P Jal Nigam  (Allahabad High Court) The petitioner is a contractor who has been granted a contract for construction of 100 Boys’ Hostel GIC, Pratapgarh by the Construction and Design Services U.P. Jal Nigam, respondent no.4. The parties have entered into an agreement for the […]

Goods seized as were not accompanied by E-way bill; HC allows release on furnishing security

November 14, 2018 912 Views 0 comment Print

Abhay Traders Vs. State of U.P. & Ors (Allahabad High Court) The goods of the petitioner in transportation along with the vehicle was seized under section 129 of the Uttar Pradesh Goods and Services Tax Act, 2017 on 2-6-2018 for the reason that they were not accompanied by the E-way bill. The submission of learned […]

Non-filing of Part-B of E-way bill: HC orders release of goods on furnishing of security

November 6, 2018 1494 Views 0 comment Print

As the complete details to be filled up in Part-B of the E-way Bill were supplied on 25.05.2018, the goods were not liable for seizure on 26.05.2018.

Deduction U/s. 80-IA Claimed through return filed U/s. 153A instead of revised return cannot be denied

November 5, 2018 2229 Views 0 comment Print

Pr. CIT Vs. Vijay Infrastructure Ltd. (Allahabad High Court) Since the time limit for filing the revised return had not expired during the relevant year, therefore, claim for deduction under section 80-IA if not made earlier could have been made in the revised return. Once it could have been claimed in the revised return under […]

E-way bill- Penalty order can be appealed before Appellate Authority

November 5, 2018 14829 Views 0 comment Print

Against the order dated 30.11.2017 the petitioner has an statutory efficacious alternative remedy of filing an appeal under Section 107 of the U.P. Goods and Service Tax Act, 2017 read with Rule 109 A of the Rules.

E-Way Bill- Goods seized- Penalty order passed- Writ cannot be filed

November 5, 2018 1701 Views 0 comment Print

Petitioner has equally efficacious remedy of filing an appeal against the penalty order under Section 107 of the U.P. GST Act, 2017. It is left open to the petitioner to take recourse to the statutory remedy available to him under the law. We are not inclined to entertain this petition at this stage.

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