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Allahabad High Court

Transporter downloaded declaration under VAT Act instead of CGST, Act, 2017: HC order release of goods on Tax payment

November 4, 2018 666 Views 0 comment Print

M/s. Haryana Freight Carrier (P) Ltd. Vs State of UP (High Court Allahabad) The petitioner being transporter has on wrong advice downloaded the transit declaration Form which was prescribed under the VAT Act and has no role so far as the transaction in question is concerned, which is covered by the provisions of the CGST, […]

Seizure of goods merely for partly wrong Truck No. on E-way Bill is harassment of dealer: HC

November 2, 2018 4242 Views 0 comment Print

Surprisingly, neither the mobile squad authority nor the appellate authority appreciated the claim of the petitioner that it is due to mistake or human error the vehicle number (particularly last two digits) are mentioned different which in the instant case are 83 in place of 38. This Court is unhappy with the conduct of the authorities and it is nothing but a clear cut case of harassment of the petitioner/dealer.

Seizure of goods for E-way bill illegal, if seized before time fixed to reply

November 2, 2018 1254 Views 0 comment Print

Singh Tyres Vs State Of U.P. And Another (Allahabad High Court) From perusal of the record, we find that the goods were transported from one place to another within the State of U.P. and were accompanied by the requisite documents and requisite E-Way Bill has also been produced by the petitioner before the respondent no. 2 […]

Service of Notice under GST & Validity of notice by affixation

October 31, 2018 3849 Views 0 comment Print

Kashi Bartan Bhandar Vs State of UP  (Allahabad High Court) The notice under the CGST Act is required to be served in accordance with the provisions of Section 169 of the Act which provides that it can be served by giving or tendering it directly or by messenger to the person concerned or to a […]

HC allows release of goods on furnishing security for Tax & Penalty

October 30, 2018 522 Views 0 comment Print

Krishna Enterprises Vs State of U.P. & Ors. (Allahabad High Court) Heard Shri Aditya Pandey, learned counsel for the petitioner and the learned Standing Counsel on behalf of the State-respondents. The goods of the petitioner under transportation along with the vehicle have been seized vide order dated 08.05.2018 passed under Section 129(1) of UP GST […]

HC releases goods seized for writing wrong Tax Invoice No. on E-way Bill

October 27, 2018 2022 Views 0 comment Print

Incorrectly mentioning the number of tax invoices as tax invoice number on E-way Bill- Prima facie, there seems no discrepancy in E-way Bill attracting seizure of goods. Goods directed to be released without insisting for a deposit of any amount and furnishing security as GST already paid on goods. 

Interest u/s 234A despite due date extension: HC issue Notice to CBDT

October 15, 2018 3804 Views 0 comment Print

Lucknow CA Tax Practitioners Association VS. UOI (Allahabad High Court) As far as prayer no.1 of the petitioner-association for issuance of a mandamus to the respondents to extend the “Due Date” of filing of Income Tax Return of Tax Audit Cases from 15.10.2018 to at least up to 31.10.2018 or such other date is concerned, […]

Appeal against Order passed under repealed U.P. Entertainment and Betting Tax Act, 1979: Approach appropriate authority- HC

October 10, 2018 714 Views 0 comment Print

Rajesh Sharma Vs State of U.P. & Anr. (Allahabad High Court) In this case The petitioiner was aggreived by an order passed by the District Magistrate under the U.P. Entertainment and Betting Tax Act, 1979, which has been repealed by the GST Act on 1-7-2017. Hon’ble High Court    directed peitioner to approach the appropriate authorty […]

HC rejects bail application in fraudulent availment of ITC case

October 8, 2018 1545 Views 0 comment Print

Ranjeet @ Ranjeet Singh Vs Union of India (Allahabad High Court) Supplementary counter affidavit filed by the learned counsel for the complainant today in the Court is taken on record. Heard Sri Satya Dheer Singh Jadaun, learned counsel for the applicant and Sri B.K.Singh Raghuvanshi, learned counsel for the complainant and Sri Abhinav Prasad, learned A.G.A. […]

Section 147 / 148 JCIT includes Additional CIT- Sanction by Additional CIT valid

October 1, 2018 1368 Views 0 comment Print

Vikram Singh Vs CIT (Allahabad High Court) The only contention raised by the learned counsel for the appellant-assessee is that the notice was not issued with the prior sanction of the Joint Commissioner, but sanction was accorded by the Additional Commissioner and, therefore, notice under Section 148 of the Act issued by the A.O. was […]

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