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Allahabad High Court

GST: HC directs revenue to provide opportunity of hearing to ensure natural justice

February 24, 2023 2841 Views 0 comment Print

HC held that, providing opportunity of hearing would ensure observance of rules of natural justice and allow Respondent to pass appropriate and reasoned orders in order to serve interest of justice and allow a better appreciation to arise at appeal stage.

Disciplinary proceedings against VAT officer merely based on suspicion is unjustified

February 23, 2023 1452 Views 0 comment Print

Allahabad High Court held that the disciplinary proceedings against an officer VAT Commissioner cannot take place on information which is vague and indefinite and suspicion has no role to play in such matters when the department has taken a conscious decision not to challenge the order passed by the appellant and has allowed the same to attain finality.

Minor discrepancy in the e-way bill would not attract penalty proceedings

February 21, 2023 3612 Views 0 comment Print

HC Held that, minor discrepancy in mentioning registration number of vehicle in e-way bill would not attract proceedings for penalty under Section 129 of CGST Act

Segregation in Works Contract & Materials supply not maintainable if Agreement provides for lump-sum payment

February 17, 2023 1308 Views 1 comment Print

Buldelkhand Engineers Vs Commissioner Commmercial Taxes U.P. Lucknow (Allahabad High Court) It is not in dispute that a written agreement was executed between the assessee – revisionist and Auraiya Gas Power Project. Clause 2.4 categorically provided that the cost included the material and the labour for laying pipeline, the work was to be executed by […]

UPVAT on bottles in the form of pat pre-form of plastic bottles

February 17, 2023 927 Views 0 comment Print

Commissioner Commercial Tax U.P. Vs Varun Beverages Ltd. (Allahabad High Court) The short controversy before this Court is that as to whether pat pre-form of plastic bottles which are supplied by the assessee who is manufacturer to various dealers is liable to be taxed @ 4% as mentioned in Schedule-II Part C Entry No.174 of […]

GST Appeal filed offline cannot be denied on technical grounds

February 13, 2023 3591 Views 0 comment Print

HC held that taxing authorities cannot stop any assessee from claiming its statutory right of appeal, in the garb of technicality and cannot deny to entertain the appeal filed offline on technical grounds, due to mistake of department or technical glitch in software when an appeal of assessee is not reflected on the portal.

Mere non-reply to SCN cannot be ground for cancellation of GST Registration

February 10, 2023 2805 Views 0 comment Print

HC set aside order cancelling GST Registration of assessee, passed on the ground that assessee had failed to reply to Show Cause Notice

ITAT upheld section 271D penalty for cash loan from director

January 30, 2023 1233 Views 0 comment Print

H.K. Infraventure Pvt. Ltd. Vs JCIT (ITAT Allahabad) there was no valid and reasonable cause for assesse to have received loan or deposit of Rs. 1,10,02,000/- in cash from its Director namely Mr. Hemant Kumar Sindhi, more so Allahabad(Now Prayagraj), U.P. is having all the requisite banking facilities available, and there was no reason and […]

Inter­state or intra-state supply – Allahabad HC Stays GST Demand Against Paytm

January 29, 2023 954 Views 0 comment Print

One of the issue raised in the present petition is that the supply of mobile recharge coupons and Direct To Home (DTH) recharge vouchers to recipients, who are located in other States, would be inter­state supply or intra-state supply.

GST: HC Grants bail as accused was co-operating & proceeding u/s 74 of CGST Act was pending

January 28, 2023 1650 Views 0 comment Print

Pradeep Jain Vs State of U.P (Allahabad High Court) It is submitted by learned counsel for the applicant that proceeding u/s 74 of CGST Act is still pending, he is cooperating with the investigation/enquiry and did not misuse the liberty of aforesaid interim anticipatory bail which was granted on 22.03.2021 by the Coordinate Bench of […]

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