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Allahabad High Court

GST Section 129(3) proceedings concludes on deposit of Bank guarantee

March 3, 2020 3762 Views 0 comment Print

High Court states that if bank guarantee is deposited within prescribed time, then the proceedings taken out under section 129(3) of GST Act shall stand concluded in view of the provisions of section 129(5).

HC Denies Reliefs against Detention order under GST Law

February 27, 2020 645 Views 0 comment Print

High Court denied the grant of reliefs to the petitioner against the detention order passed under Uttar Pradesh Goods and Services Tax Act, 2017.

Offence under GST provisions are non cognizable hence FIR can be lodged

February 24, 2020 3549 Views 0 comment Print

In the instant case, the allegations are in respect of getting bogus firms registered under the GST Code and of preparing bogus invoices for the purpose of evading tax.

HC refuses to allow release of goods for Non Disclosure of Godowns & Non Payment of GST & Penalty

February 24, 2020 4092 Views 0 comment Print

The subject matter of challenge in the instant writ proceeding is challenging the seizure as well as praying for release of the seized goods. A counter affidavit filed on behalf of the State reveals, inter alia, as follows :-

HC rejects Bail application of alleged GST evader accused of running bogus business

February 23, 2020 1767 Views 0 comment Print

It has come on record that the applicant’s firm was found indulging in running business from bogus address and a huge transaction is shown to have been done without there is any such big transaction reflected from the account of the firm.

Bank guarantee is equivalent to tax payment for Section 129(1)

February 7, 2020 4545 Views 0 comment Print

Skipper Limited Vs Union of India (Allahabad High Court) The provision shows that upon seizure of goods and conveyances in transit, the Revenue shall issue a notice specifying the tax and penalty liable to be paid by the assessee and pass an order for payment and tax and penalty in the manner provided under Clause […]

No discretionary relief to taxpayers who repetitively ignored summons

February 6, 2020 1356 Views 0 comment Print

Explore Ankit Bhutani vs. Union of India case. The writ petitioner seeks relief in the tax inquiry against summonses, but the court dismisses the petition due to non-cooperation.

Odomos is not a Medicine and is a Mosquito Repellent: HC

January 26, 2020 4872 Views 0 comment Print

The materials in the records before the authorities below corroborate the fact that the petitioners pitched the product in their sale material and advertisements as a mosquito repellent. Various mosquito repelling qualities are identified as defining characteristics of the subject goods in the market.

Vehicle cannot be released if Owner of vehicle failed to prove that he had no knowledge about the goods

January 23, 2020 927 Views 0 comment Print

It is a case where a vehicle alongwith goods were seized when it was found carrying goods in violation of the Act of 2017. The petitioner alongwith owner of the goods was served with the notice before seizure of the goods.

Public functionary cannot be permitted to act like a dictator: HC

January 21, 2020 1644 Views 0 comment Print

Sant Prasad Seth Vs State of U.P. (Allahabad High Court) Withholding of post death dues for years together is not only illegal and arbitrary but a sin if not an offence since no law has declared so. The officials, who are still in service and are instrumental in such delay causing harassment must however feel […]

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