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Allahabad High Court

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

January 28, 2023 1704 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 […]

Seizure of goods in transit allegedly for carrying fake invoice – HC directs owner of goods to approach competent authority

January 26, 2023 2163 Views 0 comment Print

It is sought to be submitted that no reason has been assigned for seizure of the goods and the reason assigned in the Form GST MOV-06 for seizure of the goods that the purchaser firm was not in existence and it was a fake sale and invoice, is absolutely false.

Rejection of books of accounts on the basis of high consumption of electricity justifiable

January 19, 2023 2532 Views 0 comment Print

Allahabad High Court held that excessive power consumption, prima facie, establishes the intention to suppress the production and the turnover. Accordingly, the books of account can be rejected on the basis of high consumption of electricity.

UPVAT: HC deletes penalty for discrepancy in truck number due to break down

January 18, 2023 651 Views 0 comment Print

Commissioner Commercial Tax Vs S.C. Jhonson Products Pvt. Ltd. (Allahabad High Court) HC find that the Tribunal has recorded a categorical findings of fact to the extent that the error, which has been occurred in Column 6 of Form 38 in not writing the date is a human error and the discrepancy in the truck […]

Taxing & appellate authority should not pass orders in a mechanical manner

January 18, 2023 1176 Views 0 comment Print

This Court finds that the taxing authorities as well as the appellate authority should not pass orders in a mechanical manner, when it is dealing with the commercial and financial matter, which affects the revenue of the State.

UPVAT: Tax justified on difference in stock for sales not recorded in books found during survey

January 18, 2023 1026 Views 0 comment Print

Sumiti Alloys Pvt Ltd Vs Commissioner Commercial Tax U.P (Allahabad High Court) HC find that the Tribunal has recorded a categorical finding of fact which needs no interference by this Court as there was difference in the stock found by the survey team on the premises of the assessee on the basis of which the […]

UPVAT: Penalty proceeding cannot be initiated merely based on truck driver statement

January 18, 2023 2292 Views 0 comment Print

Statement of a truck driver cannot be the basis for initiating penalty proceedings. Statement of truck driver which has been recorded by officer of department is not corroborated by any proof and said statement cannot be relied upon for initiating penalty proceedings.

UPVAT: Books cannot be rejected for minor discrepancy in stock at the time of Survey

January 16, 2023 1356 Views 0 comment Print

Jaiswal Machinery Stores Vs Commissioner of Commercial Tax Lko. (Allahabad High Court) It is not in dispute that the Tribunal has reduced the quantum of tax imposed by the assessing authority from Rs.10,34,000/- to Rs.2,82,125/-. From the perusal of the order passed by the Tribunal, it is apparent that finding recorded is contradictory. On the […]

Section 153A: Approval of 123 cases by JCIT in one day cannot be said to be with application of mind

January 12, 2023 8181 Views 0 comment Print

In the instant case, the draft assessment orders in 123 cases, i.e. for 123 assessment years placed before the Approving Authority on 30.12.2017 and 31.12.2017 were approved on 31.12.2017

Criminal proceedings arising out of orders of penalty not sustainable if penalty demand is quashed

January 12, 2023 1530 Views 0 comment Print

Sudhan Chandra Basak Vs Union of India (Allahabad High Court) This application is filed on basis of some undisputed facts that orders of penalty were passed against applicant under Sections 271(1)(a), 271(1)(c) and 273(b) of Income Tax Act for late filing of return for Assessment Year 1983-84. These orders were challenged by way of three […]

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