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Chhattisgarh High Court

HC direct authorities to reset/reopen GST portal to rectify inadvertent mistake in filing GST TRAN-1 form

December 1, 2022 1290 Views 0 comment Print

Jagdalpur Motors Vs Union of India (Chhattisgarh High Court) HC held that undoubtedly the petition became entitled for submitting of his Form Tran-1 and Tran-2 in terms of the order of the Supreme Court in case of Union of India Vs. Filco Trade Centre (Supra). It is also an admitted factual position that the period […]

Provisions of SARFAESI Act prevails over Chhattisgarh Audhyogik Bhoomi Avam Bhawan Prabandhan Nigam 2015

November 14, 2022 1875 Views 0 comment Print

Chhattisgarh High Court held that the provisions contained in SARFAESI Act will prevail over Rules of 2015. Accordingly, the demand of transfer fee made by the CSIDC is not sustainable in law.

Amendment to section 50 of CGST Act 2017 levying interest on net tax liability is effective from 1st July 2017

November 6, 2022 3582 Views 0 comment Print

Chhattisgarh High Court held that the amendment to section 50 of the CGST Act, 2017, that the interest shall be levied on that portion of tax paid by debiting the electronic cash ledger (i.e. net tax liability) is effective retrospectively from 1st July 2017

Impugned order quashed for want of proper notice

November 2, 2022 2172 Views 0 comment Print

Chhattisgarh High Court held that impugned order is not sustainable as Show Cause Notice under Section 49 (3) is not stated to be issued nor placed on record by learned counsel for the State.

Chhattisgarh HC accepts Writ petition challenging Vires of Section 16(4) of CGST Act 2017

September 19, 2022 2127 Views 0 comment Print

Nathuram Surendra Kumar Vs Union of India (Chhattisgarh High Court) Chhattisgarh High Court accepts Writ petition challenging the Vires of Section 16 (4) of CGST Act 2017 Heard Mr. Palash Soni, learned counsel, appearing for the petitioners. Also heard Mr. Ramakant Mishra, learned Assistant Solicitor General, appearing for the respondent No. 1, Mr. Gagan Tiwari, […]

Alleged purchase from suspicious & fake suppliers – HC declines Bail to accused

August 13, 2022 1290 Views 0 comment Print

Basudev Mittal Vs Union of India (Chhattisgarh High Court) It is alleged that the applicant has illegally availed Input Tax Credit of more than Rs.5,00,00,000/- by purchasing the goods from several suspicious and fake suppliers whose registration had already been cancelled. During search, it also came to the forefront that more than 700 vehicles, against […]

Arbitral Award Vitiated By Serious Fraud & Criminal Conspiracy

July 10, 2022 1719 Views 0 comment Print

Bali Nagwanshi Vs State of Chhattisgarh (Chhattisgarh High Court) The main contention of the respondent State, respondent-BRPL and respondent- Union of India is this that the whole process for determination of compensation was based on fraud and criminal conspiracy, as out of numerous land oustees, only two of them, namely, Bali Nagwanshi and Neelima Belsariya […]

Wrongful Availment of ITC is a Bailable and non-cognizable Offence: HC

June 29, 2022 1020 Views 0 comment Print

The applicant is in jail since 27th October, 2021 i.e. for more than 9 months. Appellant contended that it is settled law that in criminal jurisdiction, presumption of innocence has to be presumed. It is further submitted that in the GST portal, there is no system of cross-checking in their software for the traders who are wrongfully availing Input Tax Credit.

Fabrication of e-way bill on GST Portal: HC Grants Bail to Accused

June 29, 2022 1044 Views 0 comment Print

The applicant also in a fraudulent manner created records on the GST website and fabricated e-way bills and other documents. Therefore, the applicants do not deserve to be released on bail and the applications deserve to be rejected.

Mere association with a terrorist organization not sufficient to attract section 38 offence

May 30, 2022 1503 Views 0 comment Print

HC held that mere association with a terrorist organisation as a member or otherwise will not be sufficient to attract the offence under Section 38 unless the association is with intention to further its activities.

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