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Allahabad High Court

Plea that is not put forward in pleading cannot be argued later for grant of relief

October 30, 2023 948 Views 0 comment Print

Allahabad High Court held that argument regarding no intention to avoid payment of tax not whispered in the writ petition. Hence, held that the petitioner cannot be permitted to argue the case without there being any pleading in support of his arguments.

Penalty u/s 129(3) of CGST Act unsustainable as no intention to evade payment of tax

October 30, 2023 8784 Views 0 comment Print

Allahabad High Court held that for imposition of penalty under section 129(3) of the Central Goods and Services Tax Act, 2017 [CGST Act] intention to evade payment of tax is a pre-requisite. No penalty u/s 129(3) as there was no intent on part of petitioner to evade tax.

GST not chargeable on premium and lease rent on plots allotted to hospitals

October 28, 2023 3099 Views 0 comment Print

Allahabad High Court held that GST is not chargeable on premium and lease rent on plots allotted to hospital against lease granted for more than 30 years. Accordingly, communication demanding deposit of GST liable to be quashed.

GST: Intent to Evade Tax a Prerequisite for Sections 129 & 130 Proceedings

October 24, 2023 3486 Views 0 comment Print

Explore the case of Shyam Sel And Power Limited vs. State of U.P. in Allahabad High Court. The verdict emphasizes the role of intent in invoking CGST Act provisions.

Allahabad HC Upholds Input Tax Credit Denial Due to Lack of Evidence

October 23, 2023 21498 Views 1 comment Print

Explore the judgment from the Allahabad High Court in the case of Malik Traders vs. State of U.P. The court upheld the denial of input tax credit due to insufficient evidence, highlighting the importance of providing comprehensive proof of transactions in GST cases.

Cancellation of GST registration based on direction of authorities of other statute is unsustainable

October 23, 2023 696 Views 0 comment Print

Allahabad High Court held that cancellation of GST registration based on direction of TTZ authorities constituted by Ministry of Environment and Forest, Government of India unjustifiable. Cancellation of GST registration has to be in accordance with section 29 read with rule 21 of GST Rules and no aid can be taken by any other statute.

GST Circular Doesn’t Override Statutes: HC Quashes Rs. 235 Crore Demand on Vivo Mobile

October 17, 2023 9339 Views 0 comment Print

The case centered on a circular that imposed limitations on the cumulative adjustment of ITC, contrary to the statutory provisions. The Court held that circulars cannot override statutory law.

‘Bakery Shortening’ and ‘Vanaspati’ are same commodities under Sales Tax Law

October 16, 2023 1599 Views 0 comment Print

Allahabad High Court held that both the goods i.e. ‘Bakery Shortening’ and ‘Vanaspati (hydrogenated vegetable oil)’ are being treated as one under Central Excise Tariff Act as well as Customs Tariff Act. Hence, both are to be treated as same even under Sales Tax Law.

Availability of GST order on common Portal does Not explicitly Imply Order Service

October 15, 2023 8616 Views 0 comment Print

Dive into the intricacies of GST order communication and service in the Baghel Trading Co. vs. State of U.P. case. Currently under review by the Allahabad High Court.

Exemption availability u/s. 38(1)(b) of Insecticide Act, 1968 to Ethephon not decided due to pending proceeding

October 7, 2023 792 Views 0 comment Print

Allahabad High Court disposed of the writ petition stating that it is premature to reach a fact conclusion whether Ethephon is an insecticide to which exemption is available or not available under Section 38(1)(b) of the Insecticide Act, 1968 as proceeding u/s 124 is pending.

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