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Allahabad High Court

HC validates Notification No. 14/2017-Central Tax & legality of officers’ appointments

January 18, 2024 1182 Views 0 comment Print

Allahabad High Court, in case of R.C. Infra Digital Solutions vs Union of India, has recently upheld validity of Notification No. 14/2017-Central Tax, affirming legality of appointments and powers of officers.

GST: Unilateral Truck Seizure Without SCN Violates Right to be Heard

January 17, 2024 1209 Views 0 comment Print

The petitioner, Akbar Ali Transport Services, was aggrieved by the lack of a show cause notice pertaining to the seizure of its vehicle, which was initiated under Section 129 of the GST Act. The court took cognizance of the fact that no specific notice was served on the petitioner before the truck was seized.

 GST department obligated to provide a hearing if adverse decision was contemplated

January 14, 2024 4491 Views 0 comment Print

The Court observed that Section 75(4) explicitly requires an opportunity of hearing when an adverse decision is anticipated. Considering that both tax and penalties were imposed, and an adverse decision was contemplated, the Court held that the department was obligated to provide a hearing.

Post GST Registration cancellation Uploading Notice on Portal Insufficient: Allahabad HC

January 13, 2024 3273 Views 0 comment Print

Allahabad High Court rules on CGST registration cancellation – adequate notice must be served, not just portal uploading. Detailed analysis and implications.

Allahabad HC Fines State ₹25,000 for Counsel’s Unpreparedness & for wasting 10 valuable minutes of Court

January 12, 2024 3261 Views 0 comment Print

Allahabad High Court expressed displeasure over unpreparedness of standing counsel representing state government. Ccase involved Ram Verma v. State of U.P., and took note of standing counsel’s lack of preparation after around 10 minutes of argument.

No Penalty for Typo in E-Way Bill Without Intent to Evade Tax: Allahabad HC

January 10, 2024 6231 Views 0 comment Print

Allahabad High Court rules: E-Way bill typo not penalized if no tax evasion intent. Case analysis of Hindustan Herbal Cosmetics vs. State of U.P. and Others.

Article 226 Limited to Jurisdictional Lack or Absence of Material in UPGST Cases: Allahabad HC

January 9, 2024 960 Views 0 comment Print

Allahabad HC: Unless inherent lack of jurisdiction or complete absence of relevant material is alleged and established, no interference may be warranted under Article 226 of Constitution of India.

Penalty under GST Invalid if Show Cause Notice Terms Complied: Allahabad HC

January 8, 2024 10737 Views 1 comment Print

Allahabad High Court rules penalty invalid when terms of Show Cause Notice are met. Case details of Rathore Building Material vs Commissioner of State tax.

Allahabad HC Nullifies GST Goods Detention Order Amid Changing Grounds

December 31, 2023 1407 Views 0 comment Print

Allahabad High Court quashes detention order by Revenue, emphasizing the importance of specific, valid, and unchanging grounds. Full analysis of Jitendra Kumar vs State of U.P.

GST- Faulty Initiation Renders Subsequent Proceedings Invalid: Allahabad HC

December 29, 2023 960 Views 0 comment Print

Allahabad High Court declares proceedings invalid due to faulty initiation. In-depth analysis of the judgment in Wave Distilleries Breweries Ltd. v. State of U.P.

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