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Allahabad High Court

Provide reasons for cancellation of GST registration on website: HC

December 24, 2017 3021 Views 0 comment Print

Allahabad High Court has directed GST Department to place on record the reasons for cancellation of GST registration without giving personal hearing and by keeping the same on GST website.

No action can be taken for delayed GST Return filing if User ID and Password were not working

December 24, 2017 2232 Views 1 comment Print

It was held that since the User ID and Password of the assessee was not working no coercive action would be taken against the petitioner for not filing the GST return within the time stipulated.

Penalty U/s. 271D cannot be imposed in absence of payment in cash

December 23, 2017 3519 Views 0 comment Print

CIT Vs. Apex Finlease Ltd. & Ors. (Allahabad High Court) Section 269SS does not include in its ambit where there is a transaction of loan or deposit by way of entries in the books of account by crediting or debiting the account of the other person. In other words, the provisions of section 269SS of […]

Penalty cannot be imposed for mere delay in producing E-Way Bill: Allahabad High Court

December 22, 2017 4158 Views 0 comment Print

It does appear that the E-Way Bill had been downloaded and produced though with some delay but before conclusion of the penalty proceedings.

Goods cannot be seized for starting their journey a week after invoice date: HC

December 22, 2017 1026 Views 0 comment Print

The other ground of seizure on which penalty has been imposed is that the goods, started their journey one week after the date of the invoice. Prima facie that cannot be the ground to seize the goods or to impose penalty.

GST: Penalty cannot be imposed for absence of Transit Declaration Form- HC

December 20, 2017 4533 Views 0 comment Print

M/S Ramdev Trading Company And Another Vs. State Of U.P. (Allahabad High Court) Penalty and seizure is not sustainable for movement of goods without Transit Declaration Form (TDF) unless there exists malafide intention to evade taxes. In absence of any allegation or evasion of tax being made against the petitioner at the stage of detention […]

Interest on FD having no immediate nexus with business is taxable as Income from other sources

December 13, 2017 4815 Views 0 comment Print

Where interest on Fixed Deposit Receipt had no immediate nexus with the business of assessee and business was yet to commence, then so long as assessee had no business income, the interest earned could not be treated as business income and it had to be treated as ‘Income from other sources’.

HC Slams Central Excise Dept for delay in Court Proceedings due to frequent change in it’s panel lawyers

December 13, 2017 615 Views 0 comment Print

There is delay being caused in Court proceedings by the Central Excise Department as it keeps on changing it’s panel lawyers from date to date. Today, when this matter was called out Sri Praveen Kumar, Advocate informed the Court that though he is also a panel lawyer but the file of this case has been now allotted to someone else.

Entertainment tax benefit in UP granted Pre-GST to continue unless specifically revoked

December 6, 2017 1104 Views 0 comment Print

In view of Section 174 of the U.P.G.S.T. as there is no notification repealing the benefit conferred upon the petitioner under the scheme of the Act, he is entitle to collect entertainment tax as in the past upto 31st March, 2020 and to retain the percentage of it in accordance with the scheme.

Partnership firm granted GST Registration as sole proprietorship: HC directs department to rectify Mistake

December 6, 2017 5097 Views 0 comment Print

On the enforcement of the GST, it got itself migrated for the purposes of GST as a partnership firm but instead of issuing registration as a partnership firm, it has been shown to have been registered as a sole proprietorship.

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