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Allahabad High Court

Rejection of GST registration solely for delay in moving revocation application, is not sustainable

December 26, 2022 984 Views 0 comment Print

Umesh Kumar Vs State Of U.P. And 3 Others (Allahabad High Court) The purpose of inserting the provision under Rule 23 of GST Rules, 2017 as to service of notice upon the assessee is to provide an opportunity to him to move a revocation application so as to save the registration from being cancelled permanently […]

DCIT penalized with imprisonment as direction of High Court deliberately not followed

December 21, 2022 4569 Views 0 comment Print

Allahabad High Court held that High Courts order directed quashing of notice and consequential order. However, the outstanding amount on web portal continued for a period of 7 months. It clearly shows act and action of the opposite party is deliberate in nature. Hence, contemnor – opposite parity i.e. Deputy Commissioner of Income Tax penalized with fine and simple imprisonment for one week.

Bail application rejected as other co-accused application already rejected

December 5, 2022 1662 Views 0 comment Print

Allahabad High Court rejected the bail application as 482 applications filed by other co-accused have already been rejected. Further, the said application is also rejection in absence of merit and substance.

Mere marriage certificate of Arya Samaj is not proof of valid marriage

December 3, 2022 9915 Views 0 comment Print

Allahabad High Court held that in absence of a valid marriage, marriage certificate of Arya Samaj is not proof of a valid marriage. Accordingly, mere getting a marriage certificate from Arya Samaj is not proof of a valid marriage.

Renting of costume used in water park is not subjected to entertainment tax

December 2, 2022 1707 Views 0 comment Print

Allahabad High Court held that costume used in the water park would neither fall within the definition of words ‘instrument’ or ‘contrivance’ hence renting on ‘costumes’ cannot be included in the term ‘payment for admission’ as defined under Section 2(l)(iii) of The Uttar Pradesh Entertainment and Betting Tax Act, 1979 and not subject to entertainment tax.

Levy of GST & penalty cannot be based upon presumption

November 23, 2022 3093 Views 0 comment Print

Appellate authority after referring to provisions of Section 129 held that it is well settled that levy of tax & penalty cannot be based upon presumption

AO should exercise discretionary power to grant stay within Four Corners of Law

November 22, 2022 1386 Views 0 comment Print

Allahabad High Court decision on tax demand stay for ALM Industries. Assessment dispute, financial position, and legal considerations discussed in detail.

Notice by Commercial Tax Tribunal not served: Allahabad HC allows fresh Revision

November 21, 2022 987 Views 0 comment Print

Automark Industries (India) Pvt. Ltd. Vs Commissioner of Commercial Tax (Allahabad High Court) One of the main planks of the arguments submitted by the revisionist before this Court is that their matter was remitted to the Tribunal for decision afresh in pursuance to which the impugned order has been passed. It has been submitted that […]

Seriousness of offence alone not conclusive for grant of bail

November 21, 2022 1272 Views 0 comment Print

Allahabad High Court held that granted the bail in GST evasion case observing that the seriousness of the offences alone is not conclusive of the applicant’s entitlement to bail

GST: Section 129 can be invoked by department with regard to goods in transit: HC

November 5, 2022 20943 Views 0 comment Print

Section 129, can be invoked by the department with regard to the goods in transit and the goods can be released only in the event the owner of the goods comes forward for payment of penalty as specified in clause (a) or (b) or (c) of Section 129 (1) of the Act and on payment of the said amount, the intent is to give quietus to the litigation.

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