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Allahabad High Court

SVLDRS 2019: ‘Redemption fine’ is a kind or type of ‘penalty’

August 6, 2021 4182 Views 0 comment Print

Jay Shree Industries Vs Union of India (Allahabad High Court) Whether ‘redemption fine’ falls within the meaning of the word ‘penalty’ used in section 129 of the Scheme, we find neither word has been defined under the Scheme or the Rules framed thereunder or the principal Act, namely the Central Excise Act, 1944. Indisputably, the […]

HC deprecates practice of lawyers to abstain from work in Courts

August 3, 2021 1077 Views 0 comment Print

Prafull Kumar Vs State of U.P (Allahabad High Court) It is common knowledge that there is mounting pendency in the Courts. The Judiciary blames the Bar for their disinclination to wrap up the cases by seeking regular adjournments and filing frivolous applications to stall the process of law. The Judiciary is also concerned with the […]

Mis-Match of Invoice details with details available with mobile Squad violates Rule 138: HC

August 2, 2021 1362 Views 0 comment Print

Ranchi Carrying Corporation Vs Additional Commissioner Grade-2 (Allahabad High Court) By the impugned orders the authorities below have rejected the claim of the petitioner on the ground that the details mentioned in the invoices at serial nos.1 to 9 are not matching with the verifying sheets available with the mobile squad. This much is also […]

HC set aside ex-parte order passed without allowing due opportunity of hearing

July 29, 2021 5778 Views 0 comment Print

V.S. Enterprises Vs State of U.P. (Allahabad High Court) Undisputedly, three periods for which the orders had been passed are overlapping. Notice dated 22.12.2020 was issued by respondent no.2 for the period July 2017 to March 2018. It covers the entire period and dispute being sought to be adjudicated in the other two notices as […]

Equal opportunity to secure justice could not be denied to any citizen

July 26, 2021 666 Views 0 comment Print

Mohammad Ahmad Khan Vs State of U.P. & Another (Allahabad high court) Heard Sri Sushil Kumar Singh, learned counsel for applicant, Sri A.Z.Khan, learned counsel for opposite party no.2 and Sri Yatindra Kumar Agnihotri, learned Additional Government Advocate for State. The instant application has been moved by the applicant Mohammad Ahmad Khan with a prayer […]

If there is no positive credit standing in the electronic credit ledger on the date of the order, passed under Rule 86-A, that order would be read to create a lien upto limit specified

July 15, 2021 2535 Views 0 comment Print

R M Dairy Products LLP Vs State of U P  (Allahabad High Court) provision of Rule 86-A is not a recovery provision but only a provision to secure the interest of revenue and not a recovery provision, to be exercised upon the fulfillment of the conditions, as we have discussed above, we are not inclined […]

HC declines to hear advocate who was addressing the Court while riding a scooter

June 25, 2021 1899 Views 0 comment Print

Counsel for the petitioner namely Smt Khusboo Devi has tried to address the Court while riding a scooter. The Court therefore declines to hear him. He should be careful in future even if the hearing is to take place through video conferencing.

Surplus income from hostel fee cannot be treated as profit of Trust running Dental College

June 23, 2021 1398 Views 0 comment Print

Daya Nand Pushpa Devi Vs ACIT (Allahabad High Court) Any interpretation or meaning given to the word ‘business’ in the literal parlance cannot be read into the Income Tax Act as the word ‘business’ has been defined in the Act itself. The Court has to read the statute namely the Income Tax Act to find […]

GST Evasion Case: HC directs Judicial Magistrate to consider release of accused on interim bail for 60 days

May 25, 2021 1047 Views 0 comment Print

Sh. Suraj Singh Vs State of Uttar Pradesh (Allahabad High Court) Heard Sri Anurag Khanna, learned Senior Advocate alongwith Sri Nipun Singh and Sri R.P. Singh, learned counsel for the petitioner and Sri Vinod Kant, learned Additional Advocate General assisted by Sri Sanjay Sharma, learned AGA through vedio conferencing. At the very outset, learned Senior […]

File fresh representation before GST authorities to rectify mistakes in GSTR-1: HC

May 21, 2021 1047 Views 0 comment Print

Neeta Sales Corp Vs State Of U.P. And 2 Others (Allahabad High Court) 1. The Allahabad High Court directed the petitioner to file a fresh representation before GST Authorities to rectify mistakes in GSTR-1. 2. The division bench of Justice Sunita Agarwal and Justice Sadhna Rani said that without entering into the merits of the […]

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