Guwahati High Court

Reimbursement of GST on differential amount of price variation of steel allowed

HCC-CPL (JV) Vs Union Of India And 9 Ors (Gauhati High Court)

Gauhati High Court held that Petitioner would be entitled to reimbursement of GST on differential amount of price variation of steel and GST paid by the Petitioner from the electronic credit ledger has to be taken into consideration while computing the Price Variation Clause (PVC) Claims of the Petitioner....

Writ not entertained in view of availability of alternative remedy

Sajid Rahman Vs Union of India (Gauhati High Court)

Gauhati High Court held that the existence of an alternative relief would dissuade the Court from entertaining the writ petition. Constitutional Jurisdiction cannot be exercised in view of provisions for alternative remedy....

Writ not entertained due to availability of alternative and efficacious remedy

Sashreek Constructors Private Limited Vs Union of India (Gauhati High Court)

Gauhati High Court held that writ petition not entertained as alternative and efficacious remedy is available to the petitioner. Accordingly, tax payer directed to avail statutory remedy, which is more efficacious....

Recovery of royalty stayed as an ad-interim measure

Simplex Infrastructures Ltd Vs State of Assam And 5 Ors (Guwahati High Court)

Gauhati High Court in case of recovery of royalty stayed the recovery by stating that as an ad-interim measure no coercive action shall be initiated against the petitioner for recovery of amount till the next returnable date....

Cough syrup transportation without proper E-way Bill: HC grants bail to Driver

Malay Mukharjee Vs State of Assam (Gauhati High Court)

Gauhati High Court ruling in Malay Mukharjee Vs State of Assam, where bail was granted to accused involved in transportation of cough syrup without proper E-way Bill...

GST: HC to Examines Validity of ‘Reasons to Believe’ in Mining Lease Case

Marjit Basumatary Vs Union of India (Gauhati High Court)

High Court of Gauhati, after examining detailed submissions, directs DGGI to produce original records in the court for inspection of the court to ascertain whether there was 'reason to believe' or was it a mere pretence....

Initial burden to show that seized betel nuts are of foreign origin lies upon revenue

Smti. Nemluni Vs Commissioner Of Customs (Gauhati High Court)

Gauhati High Court held that betel nuts not being a notified item under section 123(2) of the Customs Act, 1962, the initial burden to show that the material seized is of foreign origin lies upon the revenue authority. Confiscation unsustained as revenue failed to discharge its initial burden....

Writ not entertained as alternative and efficacious remedy available to the petitioner

Ayursundra Hospitals (Guwahati) Pvt Ltd Vs Union of India (Guwahati High Court)

Guwahati High Court held that writ petition not entertained as the same is hit by the alternative and efficacious remedy available to the petitioners to prefer an appeal before the appellate authority competent to deal with the issues raised in this writ petition....

Guwahati HC Sets aside Order Rejecting Zimma of Seized Areca Nuts

Anowar Hussain Vs State Of Assam And Anr (Guwahati High Court)

Anowar Hussain Vs State Of Assam And Anr (Guwahati High Court)  Guwahati High Court has overturned the rejection of zimma for seized areca nuts in the case of Anowar Hussain Vs State Of Assam And Anr. The court found that the petitioner had not provided documentation for the purchase of the seized nuts but acknowledged […]...

Coal smuggling to evade tax- HC refuses to quash criminal petition

Abdul Kadir Vs The State of Assam (Gauhati High court)

Abdul Kadir Vs State of Assam (Gauhati High court) The petitioner, namely, Abdul Kadir has filed an application under Section 482 Cr.P.C. with prayer for quashing the FIR registered under Sections 120(B)/379/420 of the Indian Penal Code (IPC in short). HD held that petitioner is alleged with an offence of evading payment of taxes to [&hel...

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