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Allahabad High Court

GST Rate & HSN Code must be mentioned on tender/bid document: HC

December 18, 2020 21558 Views 0 comment Print

Bharat Forge Limited Vs Principal Chief Materials Manager Diesel Locomotive Works (Allahabad High Court) The HSN code (Harmonized System of Nomenclature) is provided for each product/service by GST Council to specify the rate at which GST would be applicable. The suppliers have to quote HSN Code of the product to be supplied by them in […]

Service of show cause notice at wrong E-mail address is not valid

December 17, 2020 6585 Views 0 comment Print

Service of the show cause notice at a wrong E-mail address is neither contemplated under the Act nor can it be deemed to be a proper service under the Act. As no show cause notice has ever been served, the petitioner never had any occasion to file its reply and thereafter not serving a copy of the reasoned order quantifying the demand is clearly erroneous.

After surrender of vehicle registration no tax can be levied unless vehicle is found plying

December 17, 2020 5277 Views 0 comment Print

Shiv Dayal Singh Vs State of U.P. (Allahabad High Court) It is clear that once the operator/owner of the vehicle informs regarding surrender of registration certificate, a burden is cast upon the Taxation Officer to charge the tax and the additional tax only on being convinced that the vehicle is found plying as no tax […]

Rejection of refund without hearing the petitioner & without intimating the reason not justified

December 14, 2020 4182 Views 0 comment Print

Sahibabad Printers Vs Additional Commissioner CGST (Appeals) And Others (Allahabad High Court) Counsel for the petitioner argues that as the show cause notice was silent, the petitioner could not have been expected to give any reply and further questioning the appellate order he argues that the appellate authority was wrong in recording that no document […]

HC refuses bail to director accused of money laundering

December 9, 2020 1767 Views 0 comment Print

Money laundering is a serious economic offence and serious threat to the national economy and national interest and, these offences are committed with cool calculation with the motive of personal gain regardless of the consequences on the society.

No declaration can be made for excisable goods-Kerosene Oil under SVLDRS scheme

December 8, 2020 1320 Views 1 comment Print

Assessee was not eligible to make a declaration under the ‘Sabka Vishwas Scheme’ with respect to Superior Kerosene Oil (SKO) as S.K.O. was an excisable goods set forth in the Fourth Schedule to the Act, 1944 and section 125(1)(h) of the Act 2019/ ‘Sabka Vishwas Scheme’ had specifically excluded persons seeking to make declarations with respect to excisable goods set forth in the Fourth Schedule to the Central Excise Act, 1944. 

Service of notice on truck driver or fixation of copy of order on truck is none of the methods prescribed under CGST Act

December 7, 2020 1431 Views 0 comment Print

Service of notice on truck driver or fixation of copy of order on truck is none of the methods prescribed under GST Law and it is well settled that whenever a manner is prescribed, it should be done in that manner alone.

Department to rectify order passed in GST DRC 07 if Tax & Penalty been paid

December 2, 2020 31407 Views 0 comment Print

Libra International Limited Vs  Assistant Commissioner Commercial Tax (Allahabad High Court) A combined reading of sub­rules (5), (6) and (7) of Rule 142 of the Rules, 2017, indicate that a mechanism is provided for uploading summary of certain specified orders, including the order issued under Section 129 in FORM GST DRC­07, specifying therein the amount […]

DM obligated to provide protection & security to senior citizens

December 2, 2020 10722 Views 1 comment Print

Maintenance of Parents & Senior Citizens Act- DM to ensure the protection of life and property of senior citizens to enable them to live with security and dignity

GST Authorities can initiate inquiry u/s 70 collaterally with proceedings u/s section 6(2)(b)

December 2, 2020 21765 Views 0 comment Print

GST authorities are allowed to initiate inquiry proceedings under Section 70 of CGST Act, 2017 collaterally with the proceedings under section 6(2)(b) as prohibition of Section 6(2)(b) of the C.G.S.T. Act shall come into play only when any proceeding on the same subject-matter has already been initiated by a proper officer under the U.P.G.S.T. Act and therefore, proper officer under the U.P.G.S.T. Act or the C.G.S.T. Act may invoke power under Section 70 in any inquiry.

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