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Andhra Pradesh HC

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

April 13, 2021 1371 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 […]

GST Assessment Order passed without granting opportunity of being heard; Quashed by the Andhra Pradesh HC

April 6, 2021 1617 Views 0 comment Print

GRT Hotels & Resorts Pvt. Ltd. Vs  State of Andhra Pradesh & Anr (Andhra Pradesh HC) In M/s. GRT Hotels & Resorts Pvt. Ltd., Vs.  State of Andhra Pradesh & Anr (Writ Petition No. 7584 of 2021 dated: 06.04.2021, it is held that, Sub-Section (4) of Section 75 of the Central Goods & Services Tax […]

Filing of GST Appeal Electronically or Otherwise Defined by HC

March 15, 2021 3192 Views 0 comment Print

Sri Lakshmi Venkateswara Vs State of Andhra Pradesh (High Court Andhra Pradesh) The Counsel for the petitioner submits that since the Assessment Order copies were received manually, there was no occasion for the petitioner to submit grounds of appeal electronically as he has to file the order copies and other relevant documents along with the […]

Insider trading in land cannot be criminalized; FIRs quashed

January 19, 2021 1776 Views 0 comment Print

Insider trading was only made an offence in India under the SEBI Act, 1992 and it essentially deals with the sale and purchase of securities in the field of stock market based on nonpublic material information. No provision akin to Section 12-A and 15-G of the SEBI Act was incorporated in IPC by the Parliament relating to private sale transactions of purchase or sale of land which was an immovable property by invoking the said concept/theory of insider trading. 

No penalty for mere mismatch in invoice number mentioned in tax invoice with e-way bill

December 16, 2020 20361 Views 0 comment Print

Agarwal Industries Pvt Ltd Vs The Deputy Assistant Commissioner (ST) (IV) (Andhra Pradesh High Court) No penalty for mere mismatch in invoice number mentioned in tax invoice with e-way bill Detention of goods under section 129(1) of the CGST Act – mismatch in invoice number mentioned in tax invoice with e-way bill – clerical error […]

HC set aside GST Refund cancellation order as FORM GST RFD-02 was not issued

November 24, 2020 2973 Views 0 comment Print

SHCPLRJV Vs ACCT (Andhra Pradesh High Court) Having regard to the fact that there is a default in compliance of Rule 90(1) read with para 2(d) of Circular No. 79, and since the acknowledgment in FORM GST RFD-02 was not issued within 15 days, the order under challenge is set aside and the matter is […]

GST cannot be levied on estimated by-products value treating as part of consideration

November 20, 2020 1962 Views 0 comment Print

Shiridi Sainadh Industries Vs Deputy Commissioner ST INT (Andhra Pradesh High Court) Whether the impugned assessment order levying GST on the estimated by-products value, treating such by-products as part of the consideration for milling, is legally sustainable under the provisions of CGST/APGST Act, 2017 or not? POINT: As can be seen, Custom Milling Rice is […]

No GST on value of by-products i.e., broken rice, bran & husk by treating as part of milling charges: HC

November 20, 2020 33000 Views 0 comment Print

Shiridi Sainadh Industries Vs Deputy Commissioner ST INT (Andhra Pradesh High Court) Writ Petition is allowed and the impugned Assessment Order passed by the 1st respondent vide Ref. No.CGST/ 2017-18/05 dated 29.10.2018 in so far as it relates to the levy of GST on the value of by-products i.e., broken rice, bran and husk treating […]

Merely exercising option under composite scheme cannot prevent Revenue from GST recovery

November 11, 2020 6627 Views 0 comment Print

Merely exercising option under composite scheme cannot prevent Revenue Department from demanding recovery of GST The Hon’ble Andhra Pradesh High Court in Godway Furnicrafts vs. the State of AP [Writ Petition No. 10350 of 2020, dated November 11, 2020] confirmed the demand for recovery of Goods and Services Tax (GST) by Revenue Department and held […]

HC Allows to Submit Form GST TRAN-1 before 30.09.2020

August 21, 2020 1173 Views 0 comment Print

The issue under consideration is whether assessee is allowed to file Form TRAN-1 manually with department due to technical glitches with the GST online portal?

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