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Chhattisgarh High Court

Rs. 258 Crore illegal ITC availment case – HC refuses Bail to accused

January 28, 2022 1248 Views 0 comment Print

Paritosh Kumar Siingh Vs Senior Intelligence Officer (Chhattisgarh High Court) Allegations against applicants are that they have committed economic offence causing loss of Rs.258 Crore approximately to the government ex-chequer by forming thirty fake companies. Applicant Nos.1 & 2 got prepared two Adhar Cards and PAN Cards in two different names with same photograph i.e. […]

Wrongfully availment of ITC – HC Grants Bail

December 29, 2021 1650 Views 0 comment Print

Rohan Tanna Vs Union of India (Chhattisgarh High Court) Applicants are arrested for commission of offences punishable under Sections 16 & 132 (1) (b) & (c) of the GST Act. Section 138 of the GST Act deals with compounding of offences. Offence registered against applicants under Section 132 (1) of the GST Act is made […]

Bank Accounts opening without following procedure- HC grants bail to bank employees

December 29, 2021 852 Views 0 comment Print

Chhattisgarh High Court grants anticipatory bail to Union Bank of India employees in a Prevention of Money Laundering Act case. No custodial interrogation required.

Re-open online portal or accept manual filing of Form TRAN-1 -HC

December 14, 2021 1530 Views 0 comment Print

Due to compelling circumstances and because of the technical glitches and difficulties, assessee was not able to file TRAN-1 form, therefore, High Court directed GST Authority to re-open online portal to enable filing of Form TRAN-1 electronically or accept manually.

GST refund on Inter-State supply subsequently held as intra-State supply- HC refers matter back to Appellate Authority

December 12, 2021 1653 Views 0 comment Print

Refund is also available when the inter-State or intra-State supply made by a taxpayer, is subsequently found by taxpayer himself as intra-State and inter-State respectively, therefore, the matter may be remitted to the concerned appellate authority for the consideration of his claim/application made under sub-rule (1) of Rule 89 of the Rules, 2017

No bail to assessee for alleged of wrongful availment of ITC by fictitious transactions

October 8, 2021 1914 Views 0 comment Print

Assessee who alleged of wrongful availment of Input Tax Credit (ITC) on the basis of fictitious transactions worth Rs. 258 Crores was not entitled to get default bail as the complaint had been filed within 60 days of their arrest which was within the time prescribed for filing of complaint to entitle or disentitle the accused persons for default bail.

HC upheld validity of Section 148 Notice issued after 31.3.2021

September 13, 2021 3687 Views 0 comment Print

Ashok Kumar Agrawal Vs Union of India (Chhattisgarh High Court) It is submitted that on the date i.e. on 28.06.2021 when the notice under Section 148 of the Income Tax Act is issued, the power to issue the notice was preceded with a new provision of law and thereby Section 148 is to read with […]

HC upheld validity of section 148 notices issued between 01.04.2021 to 30.06.2021 without following section 148A procedure

September 2, 2021 27948 Views 0 comment Print

Palak Khatuja Vs Union Of India (Chhattisgarh High Court) 1. The time for issuance of notice under Section 148, the end date was initially extended uptill on 30th day of April 2021 and subsequently again by notification dated 27th April, 2021 the time limit of 30th day of April 2021 was further extended up till […]

Lack of opportunity of hearing results in stay of Bank Attachment & Cancellation of Registration

August 14, 2021 1194 Views 0 comment Print

Cheema Local Carrier & Construction Vs Assistant Commissioner SGST (Chhattisgarh High Court)  Petitioner has filed the current writ petition challenging three issues: Provisional attachment of bank account, Cancellation of registration certificate under Goods and Services Tax (GST); and Input Tax Credit (ITC) being blocked. The Petitioner contended that Rule 21 of the Central Goods and […]

HC denies Bail to alleged Habitual Offender of Smuggling Gold & Silver

July 7, 2021 1635 Views 0 comment Print

Vijay Baid Vs Assistant Director (Chhattisgarh High Court) From perusal of Section 135 of the Act, 1962, it is evident that the punishment for committing offence under Section 135 of the Act, 1962, is upto seven years. Learned counsel for the petitioners relying upon the provisions of this Act, would submit that as per Section […]

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