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Allahabad High Court

Constitution of Appellate Tribunal: Allahabad HC directs Centre & States to file Better Affidavits

March 12, 2019 762 Views 0 comment Print

As the Counsel for GST council as well as that for the State were unable to tell as to whether the Appellate Tribunal has been constituted or not, the matter was listed on 28 February 2019. Two affidavits were filed but it is apparent that promises were being made only in the air

TDS not deductible on Reimbursement of Expenses for conducting Exams

March 3, 2019 1590 Views 0 comment Print

The facts of the case reveal that the Assessee-University conducts examinations through various colleges affiliated to it. The affiliated colleges function as the examination centre. These affiliated colleges/centres in holding the examinations incur various types of expenditure both administrative and procedural. The Assessee-University reimburse these expenses to the affiliated colleges/centres.

HC order Release of Goods as Sale Transaction not attained Finality

February 20, 2019 774 Views 0 comment Print

Sunaiba Industries Vs State of U.P. (Allahabad High Court) The petitioner is the selling dealer of the goods. The goods were being transported from Delhi to Kanpur in 30 builties. Only on account of improper invoice in respect of some of the builites, the goods have been seized and directed to be released on furnishing […]

GST Tribunal Formed or Not? HC seeks response from GST Council

February 16, 2019 843 Views 0 comment Print

In this matter learned counsel for the G.S.T. Council is unable to tell as to whether the Tribunal is constituted or not. Learned standing counsel appearing for the State is also unable to tell as to whether the State has moved in the matter or not.

Levy of advertisement tax by State govt is ultra vires post 101st amendment

February 8, 2019 3342 Views 0 comment Print

Pankaj Advertising Vs State of U.P. (Allahabad High Court) Allahabad High Court has held that levy and collection of Advertisement Tax by Nagar Palika Parishad, Hathras is without legislative/statutory competence and is ultra-vires Article 265 of the Constitution. The High Court observed that by 101st Amendment to the Constitution, Entry-55 of List-II of Seventh Schedule […]

Successive writ petitions for same cause of action are not maintainable

February 7, 2019 6633 Views 0 comment Print

Integrated Tech 9 Labs (P) Ltd. Vs State of U.P. & Ors. (Allahabad High Court) In case we allow the petitioner to challenge the said order in this writ petition it would amount to filing of successive writ petitions for one of the causes of action involved in the earlier writ petition. It is settled […]

GST order served on driver cannot be treated as served on Appellant

December 10, 2018 1485 Views 0 comment Print

S/S Patel Hardware Vs Commissioner (Allahabad High Court) Keeping in mind the fact that the delay in filing the appeal may not be condoned beyond the period of one month from the expiry of period of limitation, the phrase “communicated to such person” appearing in Section 107(1) of the Act commend a construction that would […]

Seizure of goods for expiry of e-way bill, expired after detention not justified

November 22, 2018 8538 Views 0 comment Print

Timexo Fasteners India (P.) Ltd. Vs State of U.P. (Allahabad High Court) Petitioners alleged that the vehicle with the goods had entered Kanpur at 8.00 p.m. on 10.11.2018 much before the period mentioned in the e-way bill had expired which fact remains unanswered in the instructions, we are of the opinion that the seizure of […]

Non-disposal of Section 12AA application within six months not results in deemed grant of registration

November 16, 2018 1716 Views 0 comment Print

Non-disposal of an application for registration, by granting or refusing registration, before the expiry of six months as provided under section 12AA(2) would not result in deemed grant of registration,

Liability to pay GST: HC ask parties to avail alternate remedy of Arbitration available as per agreement

November 15, 2018 720 Views 0 comment Print

Chandra Kishor Singh Vs. Director, Construction And Design Services U P Jal Nigam  (Allahabad High Court) The petitioner is a contractor who has been granted a contract for construction of 100 Boys’ Hostel GIC, Pratapgarh by the Construction and Design Services U.P. Jal Nigam, respondent no.4. The parties have entered into an agreement for the […]

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