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Chhattisgarh High Court

Alternative remedy is not an absolute bar if there is violation of natural justice

January 14, 2023 2241 Views 1 comment Print

Availability of alternative remedy cannot be an absolute bar to file a writ petition in cases where principles of natural justice has been violated.

Rs. 258 cr GST Scam accused granted bail by Chhattisgarh High Court

January 1, 2023 867 Views 0 comment Print

Paritosh Kumar Singh Alias Diwakar Choudhary Vs Senior Intelligence Officer (Chhattisgarh High Court) 1. This is second application on behalf of applicants under Section 439 of Code of Criminal Procedure, 1973 for grant of regular bail as applicants are in custody since 25.1.2021 in connection with Crime/DDGI Case No.124/2020-21 registered in the office of the […]

 Contractor is not at fault for introduction of new tax by Govt- Decision to not to reimburse would be too harsh

December 30, 2022 885 Views 0 comment Print

Decision not to reimburse would be too harsh a decision on the part of the respondents, for the reason that the Contractor is not at fault in any manner for incurring the additional tax liability that has occurred because of the introduction of any new tax.

Assessee allowed to take reimbursement of additional GST liability on contract/work order awarded in pre-GST regime

December 26, 2022 1761 Views 0 comment Print

HC allowed petition filed by assessee to seek reimbursement of additional tax liability on implementation of GST law for contracts and work orders which had been executed before GST regime.

Bail granted as charges failed to be not proved against appellant

December 23, 2022 1647 Views 0 comment Print

Chhattisgarh High Court held that the prosecution has miserably failed to prove that the appellant possessed properties disproportionate to his known source of income. Accordingly, appellant is acquitted of the charge under Sections 13(1)(e) read with 13(2) of the Prevention of Corruption Act and hence bail granted.

VAT not leviable on lease charges paid by Railway Department

December 12, 2022 336 Views 0 comment Print

Chhattisgarh High Court held that lease charges paid by the Railways Department to the Petitioner Company is not subjected to levy of VAT as the taxable event is the transfer of right to use goods and not right to use goods or the use of goods

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

December 1, 2022 999 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 1077 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 3228 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 1851 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.

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