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Chhattisgarh High Court

Provisional Attachment Order to safeguard from creation of third party interest was justified

June 4, 2020 1500 Views 0 comment Print

The issue under consideration is whether the Provisional Order of Attachment for Pending Adjudication is justified in law?

Mandatory Deposit of 20% of Tax liability is must for filing VAT appeal before Tribunal

May 26, 2020 9444 Views 0 comment Print

Shivshankar Solvent Extraction Private Limited Vs Commissioner, Commercial Tax Civil Lines (Chhattisgarh High Court) The issue under consideration is whether High Court can give relaxation from mandatory deposit of tax u/s Section 48(4)(ii) before filing appeal in front of Tribunal? Appellant is registered under VAT. Suo-Moto proceedings were initiated by Commissioner. In the proceeding F-form […]

No detention of goods & vehicle on value of goods being less than MRP

March 16, 2020 3024 Views 0 comment Print

Chhattisgarh High Court observed that, under valuation of a goods in the invoice cannot be a ground for detention of the goods and vehicle for a proceeding to be drawn under Section 129 of the Central Goods and Services Tax Act, 2017 (

No detention of goods under GST for undervaluation in invoice

March 16, 2020 14361 Views 1 comment Print

Under valuation of a good in the invoice could not be a ground for detention of the goods and vehicle for a proceeding to be drawn under Section 129 of the Central Goods and Service Tax Act, 2017 read with Rule 138 of the Central Goods and Service Tax Rules, 2017.

State is employer under Gratuity Act for teachers/employees of aided educational institutions

March 6, 2020 18480 Views 0 comment Print

Chhattisgarh HC rules the State is liable for gratuity to teachers of aided institutions. Order dated 07.06.2013 challenged by educational institutions.

Proceeding against issue of Fake Invoice to illegally avail ITC not hit by Limitation under Section 6(2)(1)(b) of CGST Act 2017

February 25, 2020 5130 Views 0 comment Print

This Court does not find any substance in the arguments of the petitioner, when they say that the investigation and the proceedings now initiated is one, which hit by Section 6(2)(1)(b) of the CGST Act of 2017. What has also to be appreciated is the fact that there is a clear distinction between a proceeding drawn for the demand of tax evaded by the petitioner-establishment and the investigation be conducted by the Department of the DG, GST Intelligence Wings in respect of an offence committed by an establishment by way of using bogus and fake invoices and illegally availing ITCs, which the petitioner-establishment otherwise was ineligible.

HC directs payment of Development / Environmental Cess at increased rate till disposal of Appeal by SC

February 14, 2020 1722 Views 0 comment Print

The Petitioner herein accordingly is directed to continue depositing the Cess amount as per revised rate under protest as they have been doing in the past. The said deposit would be subject to the outcome of the Civil Appeals by the Honble Supreme Court.

Prospective accused has no right of hearing before registration of FIR

January 30, 2020 9954 Views 0 comment Print

Prospective accused has no right of hearing before registration of FIR and investigation by the police officer or before the Court including the writ Court, therefore, in a writ petition seeking direction for registration of FIR and investigation into a cognizable offence, the prospective accused is neither necessary nor a proper party.

Delay in filling TRAN-1- Benefit cannot be extended if no effort made by Appellant to file

January 27, 2020 2013 Views 0 comment Print

In the given case the relief sought for by the petitioner in the present writ petition is for issuance of a writ to the respondents granting permission to the petitioner to submit TRAN-1 form electronically by opening electronic portal or in the alternative allow the petitioner to tender the form manually and thereafter the petitioner’s claim be assessed for input tax credit in accordance with law

Benami Law- Amended Provision of 2016 has no relevance without provisions of Act of 1988

December 26, 2019 1332 Views 0 comment Print

Tulsiram Vs ACIT (Benami Prohibition) (Chhattisgarh High Court) To decide the core issue whether the amended Benami Transactions (Prohibition) Amendment Act, 2016 can be made applicable for initiating proceedings against the petitioner in respect of the properties which were purchased or acquired prior to 01.11.2016, it would be necessary to read the Prohibition of Benami […]

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