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Allahabad High Court

HC denies relief to CIT accused of Corruption & causing loss of Rs. 7.26 crores to revenue

November 4, 2020 1911 Views 0 comment Print

The petition is filed by retired official o quash charges in respect of offences of cheating, criminal conspiracy and Corruption against CIT(A).

GST TRAN-1 Form Revision application rejection without hearing arguments was unjustified

November 3, 2020 2382 Views 0 comment Print

R.P. Foam Pvt. Ltd. Vs Union of India (Allahabad High Court) In view of the submissions made at the bar and on perusal of the order dated 22.1.2020, it is clear that the rejection of the application is based upon the understanding that the GST TRAN-1 could not be filed on account of technical glitch […]

Power of seizure of goods -Customs Act – Section 110- Reasons to believe

October 22, 2020 9309 Views 0 comment Print

Jaymatajee Enterprise (Seller) And Another Vs Commissioner of Customs (Preventive) & 2 Others (Allahabad High Court) It is clear from the statute that the power of seizure of goods under Section 110 of the Customs Act can be resorted to only when the Officer exercising the said power has ‘reasons to believe’ that the goods […]

E-way bill did not mention correct details- Decide case on Merits: HC

September 24, 2020 2301 Views 0 comment Print

Jaitron Communication Pvt. Ltd. Vs State Of U. P.  (Allahabad High Court) Admittedly, in the facts of the present case the petitioner did accept that the e-way bill with the vehicle did not contain correct description with regard to movement of goods. Another e-way bill (though not available with the vehicle, at the time of […]

Dishonour of Cheque: Drawee need not wait for 15 days if intention of drawer to not pay is clear

September 23, 2020 6444 Views 0 comment Print

Ravi Dixit Vs State of U.P. and Another (Allahabad High Court) Learned counsel for the petitioner has submitted that the summoning order is without compliance of provisions of Section 138 of the Act, 1881; the application has been falsely implicated due to enmity and financial dispute with the complainant and that cheques were dishonoured as […]

Allahabad HC rejects Bail plea of person accused of Smuggling Gold Biscuit

September 8, 2020 1407 Views 0 comment Print

After considering all the arguments advanced by the parties and the judgments relied upon by the parties and further considering to the nature of offence, its gravity and the evidence in support of it and the overall circumstances of this case, this Court is of the view that the applicant has not made out a case for bail.

HC set aside order cancelling GST registration

July 7, 2020 2217 Views 0 comment Print

Mayank Sikarwar Vs State of U.P. (Allahabad High Court) The petitioner had a registration under the Goods and Services Tax Act, 2017, which when the Assessing Authority cancelled on 19.9.2019 under Section 29(2)(c) of the Goods and Services Tax Act, 2017(hereinafter referred to as ‘the Act), the petitioner filed an application for the revocation of […]

HC grants Bail in GST Evasion case considering Clean Criminal History

June 26, 2020 1881 Views 0 comment Print

Anticipatory Bail Granted against GST Evasion by considering Clean Criminal History of Applicant along with furnishing a personal bond of Rs. 50,000/- with two sureties.

No Section 68 addition of partners capital contribution in Firm if source of capital proved

May 3, 2020 6171 Views 0 comment Print

Addition under section 68 for not proving the source of income of partners who have made the deposit with the firm in their capital account could not be made as partners had shown the agricultural income in their personal returns of the past years which had been accepted by the department as such and the partners were all identifiable and separately assessed to tax thus, the source of investment having been explained and therefore, the addition could not have to be considered in the hands of the partners and not in the hands of the firm.  

Section 10(23AA) Exemption Allowed to whom- HC Analyses

April 29, 2020 19926 Views 0 comment Print

As per Section 10(23AA), the exemption can be for the income received by any person on behalf of any regimental fund or non-public fund established by the armed forces of the Union for the welfare of the past and present members.

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