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Guwahati High Court

Consider representation to be filed for extension of GSTR9/9C due date: HC

February 4, 2020 2529 Views 0 comment Print

All India Federation Of Tax Practitioners Vs. Union of India (Gauhati High Court) This petition is disposed of however, binding the respondent Union of India to take a decision on the representation to be filed on behalf of the petitioners, within one week of its filing. The respondent would also address the issue of extending […]

HC explains meaning of shell companies; Without hearing a company cannot be declared as shell company

January 13, 2020 7728 Views 0 comment Print

Assam Company India Ltd. and Anr. Vs Union of India (Gauhati High Court) What can be deduced is that though a shell company is defined in other jurisdictions, in India there is no statutory definition of a shell company. However, in popular parlance as well as from the perspective of the Government and its agencies, […]

HC explains Law of search & seizure of Goods under GST, Customs Act & CrPC

December 10, 2019 3861 Views 0 comment Print

Md. Tajal Hussain Vs State of Assam (Guwahati High Court) The appellant took the stand that under Section 67 of the Assam Goods and Services Tax Act, 2017 (for short, AGST Act 2017), the search and seizure can be made only upon the proper officer, being not below the rank of Joint Commissioner, having reason […]

GST – Inspection, search and seizure-Power of Police authorities

November 25, 2019 2661 Views 0 comment Print

We are of the view that if the authorities under the AGST Act of the State of Assam are of the view that the appellants are required to be proceeded with or prosecuted under the AGST Act, it would be appropriate to invoke the provisions of section 67 of the AGST Act and proceed accordingly.

GST, Police & Custom Authorities to take their respective decisions: HC

November 25, 2019 723 Views 0 comment Print

Samsir Uddin Vs State of Assam (Gauhati High Court) In the instant case, the documents made available on record so far as it relates to violation of the provisions of the AGST Act are not being relied upon by the respondents to indicate any such violation of the provisions of the AGST Act. What is […]

HC allows petitioner to file TRAN-2, not filed due to technical glitches

September 19, 2019 1152 Views 0 comment Print

M/s. Baril Marketing Pvt. Ltd. Vs Union of India and 5 Ors. (Gauhati High Court) This Court is of the view that if there is a provision made for filing returns electronically and if because of certain technical glitches uploading could not be done in time, on that ground the concerned individual or firm ought […]

HC dismisses petition challenging Jurisdiction to recover Service Tax demand

October 17, 2018 4920 Views 0 comment Print

Laxmi Narayan Sahu Vs Union of India & Others  (Gauhati Cigh Court) Issue Raised Before High Court In all the writ petitions, the demand-cum- show cause notices of various dates issued by the Assistant Commissioner, Central Goods and Service Tax of the district of Dibrugarh and Guwahati respectively are assailed. The said demand-cum-show cause notices are […]

Consider Extending Tax Audit Due Date to 31.12.2018: Gauhati HC

October 12, 2018 34950 Views 12 comments Print

Gauhati High Court has instructed CBDT to Consider Representation filed by Tax Bar Association on or before 25.10.2018 by which they requested to extend the Tax Audit Due Date to 31.12.2018.

HC admits Petition challenging GST on processed Tea loading packing warehousing etc.

May 23, 2018 1530 Views 0 comment Print

Guwahati Tea Warehousing Association has filed a Petition in Gauhati High Court against imposition of Goods and Services Tax (GST) on loading, packing, warehousing, etc of processed tea. Case was admitted for hearing on 23.05.2018.

Gauhati HC declined to Grant bail to accused in Bribery Case involving CIT

May 3, 2018 2484 Views 0 comment Print

The investigating officer has objected to granting bail on the ground that further investigation is required to ascertain the source of huge money handed over to Ramesh Goenka through Pranjal Sarma. Investigation is being carried out to ascertain the mode of transfer of the bribe to the Income Tax Commissioner and how the part of the bribe was shared with other accused and as such release of accused at this stage may hamper the investigation.

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