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Andhra Pradesh HC

HC explains period for which interest payable on pre-deposit refunded

June 29, 2021 2250 Views 0 comment Print

M/s. Maithan Ceramics Limited Vs The Commissioner of Central Tax (Andhra Pradesh High Court) An analysis of the aforesaid statutory morphism would show while the original provision stipulated interest would be payable at a rate specified in Section 27A after expiry of three months from the date of communication of the order of the appellate […]

HC direction on Adjustment of Income Tax Refund towards Tax, Interest & Penalty under Karvivad Samadhan Scheme

June 24, 2021 552 Views 0 comment Print

Best India Tobacco Suppliers Pvt. Ltd. Vs CIT (Andhra Pradesh High Court) The important aspect for consideration in this writ petition is when the assessee files declaration under Karvivad Samadhan Scheme, 1998 (for short, ‘the KVS scheme’) i.e., whether the tax refund should be adjusted towards the arrears of the tax proper first and balance […]

A.P. VAT : No illegality in Higher VAT Rate for Sale during Non-Registration

June 22, 2021 864 Views 0 comment Print

Balaji Agencies Vs Special Chief Secretary to Government (Andhra Pradesh High Court) Since the turnover of the petitioner for the 1st quarter ending 30.06.2006 was Rs.13,14,724/- which exceeded Rs.10 lakhs, the petitioner had an opportunity to apply for registration as VAT dealer. As per Rule (5) of A.P. VAT Act, the petitioner was required to […]

AP VAT: ACAR can review on application by dealer & other affected parties- HC

June 21, 2021 804 Views 0 comment Print

Gail (India) Ltd. Vs Assistant Commissioner (CT) (Andhra Pradesh High Court) Section 67(5) of Andhra Pradesh Value Added Tax, 2005 pellucidly tells that authority for clarifications shall have the power to review, amend or revoke its rulings at any time for good and sufficient cause by giving an opportunity to the affected parties. It says […]

BIS certification not mandatory for import of HARC

June 17, 2021 6279 Views 0 comment Print

Refusal to issue customs clearance to the High Alumina Refractory Cement (HARC) imported – demand for production of BIS certificate for the goods imported by the petitioners

Fake GST invoices case: HC ask petitioner to approach Court of Special Judge for Economic Offences

June 16, 2021 4695 Views 0 comment Print

Vennapusa Venkata Subba Reddy Vs Union of India (Andhra Pradesh High Court) It is allegged that petitioner has issued fake GST invoices with a total turnover of Rs. 397,28,11,944/- without supply of goods to different business firms/companies by passing on a total fraudulent input tax credit of Rs. 61,30,33,274/- in respect of 21 firms, out […]

GST demand Order cannot be passed without providing hearing opportunity

April 28, 2021 3051 Views 0 comment Print

Ocean Sparkle Ltd. v. Assistant Commissioner (ST) (Andhra Pradesh High Court) Ocean Sparkle Ltd. (Appellant) has filed the current writ petition challenging the Assessment Order bearing Ref. No. ZD370321001535W dated March 17, 2021 on the grounds of non-compliance with provisions laid in Section 75(4) of the Central Goods and Services Act, 2017 (CGST Act). The […]

Period from 15.03.2020 to 14.03.2021 liable to be excluded from limitation period

April 20, 2021 2211 Views 0 comment Print

Sree Sai Lakshmi Padmavati Dal Mills Vs Commercial Tax Office (Andhra Pradesh HC) FULL TEXT OF THE JUDGMENT/ORDER of ANDHRA PRADESH HIGH COURT In the present Writ Petition, challenge is to the order of assessment bearing A.O. No.206662 dated 31.03.2020 passed by the Commercial Tax Officer, Tenali, 1st respondent herein. 2. Heard Sri Srinivasa Rao […]

Order refusing to entertain appeal cannot be treated as order on merits

April 20, 2021 660 Views 0 comment Print

Guduru Chandra Sekhar Vs Union of India (Andhra Pradesh High Court) In the instant case, though the petitioner herein initially filed appeal on 17.08.2020, before the Commissioner Of Customs and Central Tax (Appeals), it is clear from Form-CAI that the appellant undertook to pay the mandatory pre-deposit of 7.5% of the disputed amount but did […]

Running of Business by Manager not sufficient ground for Bail in GST Evasion Case

April 13, 2021 1188 Views 0 comment Print

Smt. Chhaya Devi Vs Union Of India (Andhra Pradesh High Court) FULL TEXT OF THE JUDGMENT/ORDER OF ANDHRA PRADESH HIGH COURT Admittedly in the case in hand the applicant is the proprietor of the company and is responsible to the company for conduct of the business of the company, even if the business is being […]

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