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Andhra Pradesh HC

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

May 25, 2023 2079 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 606 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 510 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 1548 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 156 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 531 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 […]

Writ accepted in case of cancellation of GST registration due to non-formation of GST Tribunal

April 9, 2023 1377 Views 0 comment Print

Andhra Pradesh High Court allowed the writ petition in the matter of cancellation of GST registration on account of non-filing of GST return as GST Tribunal has not been constituted.

VAT not leviable on incidental supply of food to students by registered public trust imparting education

February 14, 2023 621 Views 0 comment Print

Andhra Pradesh High Court held that main activity of the petitioner is imparting education with a non-commercial motive. Running of hostel and supplying food at subsidized price is incidental activity. Accordingly, transaction of supply of food items and beverages to students cannot be treated as sale of goods and hence VAT not applicable.

GST: Adjudicating order not sustainable if passed without granting opportunity of personal hearing

January 21, 2023 1131 Views 0 comment Print

HC held that Adjudicating order not sustainable where such order was passed without granting an opportunity of personal hearing despite request for grant of such opportunity by assessee.

Advance Ruling Application should not be admitted by ARA as investigation began before filing of an application

January 21, 2023 468 Views 0 comment Print

Andhra Pradesh High Court held that when investigation has already been commenced prior to filing of an application before Advance Ruling Authority (ARA), the authority should not admit the application and thereafter issue its ruling. Accordingly, the order is liable to be set aside.

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