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Andhra Pradesh HC

Motor Vehicle Tax exempted on motor vehicles deployed to Central Deposit Yard Premises

July 3, 2023 933 Views 0 comment Print

Andhra Pradesh High Court held that motor vehicles deployed to Central Deposit Yard Premises are not subject to Motor Vehicle Tax and are entitled to get exemption as contemplated in Motor Vehicles Act.

Vehicles used in Central Deposit Yard is not leviable to motor vehicle tax

July 1, 2023 993 Views 0 comment Print

Held that the petitioner is plying the vehicles in the Central Deposit Yard premises itself proves that the premises does not fall under the definition of ‘public place’ as under Section 2 sub Section (34) of the Act. Hence, motor vehicle tax not leviable.

AP HC grants stay in VAT proceedings as notice was without Jurisdiction

July 1, 2023 879 Views 0 comment Print

In the case of Kalpataru Project International Ltd Vs Union of India, the Andhra Pradesh High Court examines the jurisdiction issue regarding a notice proposing revision of VAT refund. Stay of proceedings is granted until further orders. Get the full judgment and analysis in this article.

Issuance of notice in GST ASMT-10 by Deputy Commissioner without authorization is unsustainable

June 1, 2023 2454 Views 0 comment Print

Andhra Pradesh High Court held that issuance of notice in Form GST ASMT-10 under rule 99 of A.P. Goods and Services Tax Rules, 2017 read with Section 61 of A.P. Goods and Services Tax Act, 2017 by Deputy Commissioner without authorization of Chief Commissioner lacks authorization and hence liable to be quashed.

Bail granted to CA as continued incarceration of petitioner not justified: HC

May 25, 2023 2532 Views 0 comment Print

Andhra Pradesh High Court held that as the petitioner is a Chartered Accountant by profession and it is his first offence and he has been in jail since long. Accordingly, continuance incarceration of the petitioner is not justified. Hence, bail granted.

GST: Turnover relating to different states needs to be assessed separately

May 25, 2023 990 Views 0 comment Print

Andhra Pradesh High Court held that turnover of same assessee in different states cannot be assessed by department of one State. Accordingly, turnover relating to bus business for the States of Andhra Pradesh, Telangana, Tamilnadu and Puducherry needs to be assessed separately.

Order attaching accounts u/s 5 of PML Act unsustainable as passed without recording reasons

May 10, 2023 912 Views 0 comment Print

Andhra Pradesh High Court held that department cannot pass order under section 5 of the Prevention of Money Laundering Act, 2002 (PML Act) without recording of proper reasons. Accordingly, the order attaching the accounts is set aside.

GST Officer cannot direct customers of assessee to stop further payments u/s 70

April 20, 2023 1920 Views 0 comment Print

Section 70 (1) of GST act only says that the proper officer shall have the power to summon any person whose attendance is considered necessary either to give evidence or to produce a document or any other thing in the enquiry and nothing more.

GST Registration cancellation- HC refers matter back to primary authority

April 19, 2023 402 Views 0 comment Print

Y Screens Entertainment (India) Ltd Vs Government of AP (Andhra Pradesh HC) Issue- 3rd respondent cancelled the GST Registration of the petitioner for non filing of returns for a period of six months.  Aggrieved thereby, the petitioner filed appeal before the 2nd respondent and vide order in Special Appeal  which was dismissed on the ground that […]

Levy of Property when Title to property is under dispute

April 12, 2023 1008 Views 0 comment Print

Shaik Moulali Vs Sate of Andhra Pradesh (Andhra Pradesh High Court) This Writ Petition for mandamus is filed to declare the action of the 2nd respondent in levying property tax against the unofficial respondent No.3 in respect of the property in question, as illegal. 2) Heard learned counsel for the petitioner; learned Assistant Government Pleader […]

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