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Allahabad High Court

Exemption notification 25/2012-ST covers all construction activities other than construction of market sheds etc.

March 16, 2023 14502 Views 0 comment Print

Allahabad High Court held that word infrastructure in exemption notification no. 25/2012-ST dated 20.06.2012 includes all construction activities other than construction of market shed, shops etc. which are necessary for providing Post-harvest infrastructure for agricultural produce.

U.P. Trade Tax: Penalty proceedings initiated u/s 8(D)(6) untenable once tax liability was created on contractor

March 15, 2023 1353 Views 0 comment Print

Allahabad High Court held that penalty proceedings initiated against a Government Institution for non-deduction of tax under section 8(D) of U.P. Trade Tax Act from amount payable to works contractor unsustainable as once the said contractor was assessed to tax creating tax liability on payment received from the Government Institution.

Non-Submission of reply to SCN cannot be a valid ground for cancellation of GST Registration

March 14, 2023 6330 Views 0 comment Print

HC set aside cancellation order of GST Registration of assessee on the grounds that non-submission of reply to Show Cause Notice cannot be a ground for cancellation of GST Registration.

Issue on Merits not Opened in SCN: HC grants interim protection to Dhampur Sugar Mills

March 14, 2023 672 Views 0 comment Print

Dhampur Sugar Mills Ltd Vs Commissioner Of Customs And Central Excise (Allahabad High Court) Allahabad High Court heard learned counsel for parties and having perused the record, prima facie, it cannot be disputed that the issue on which adjudication was sought to be made and the issue that has been adjudicated appear to be different. […]

Bail application rejected on the basis of gravity of offence and criminal antecedents

March 14, 2023 4404 Views 0 comment Print

Allahabad High Court rejected the bail application filed u/s. 3(1) of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 on the basis of gravity of offence and the criminal antecedents.

GST amount to be adjusted if there is an issue of mismatch in GST Return with Bank Statement

March 12, 2023 5274 Views 1 comment Print

HC set aside the order on the grounds, that Revenue Department and Appellate Authority have committed misreading of FORM GSTR-09

GST registration cancellation notice Proceedings based on unprescribed format is void

March 8, 2023 2091 Views 0 comment Print

Allahabad High Court held that GST registration cancellation notice is not in the prescribed format and didnt mention the date and time on which personal hearing is granted. Proceedings based on such notice is illegal, void and a nullity in eyes of law.

Cow is divine & should be protected & venerated; HC calls Central Government to ban cow slaughter

March 6, 2023 9102 Views 0 comment Print

Mohd. Abdul Khaliq Vs State of U.P. (Allahabad High Court) The Allahabad High Court recently in Mohd. Abdul Khaliq vs. State of U.P. and Another Application u/s 482 No.1743 of 2021 decided on 14-02-2023 considered the various provisions of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 Act. The Court explicitly observed for the […]

Requirement of e-way bill cannot be escaped by undervaluing goods

March 1, 2023 3102 Views 0 comment Print

HC affirmed order of detention of goods and imposition of tax and penalty, on grounds that assessee was transporting huge quantity of goods without e-way bill by reducing value of goods below threshold limit.

Bail not granted as applicant doesn’t qualify twin conditions of Section 45 of PMLA

February 25, 2023 3420 Views 0 comment Print

Allahabad High Court held that bail not granted as the applicant doesnt qualify the twin conditions of section 45 of Prevention of Money Laundering Act, 2002 (PMLA) and applicant is based at Abu Dhabi.

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