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Guwahati High Court

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

July 26, 2023 5031 Views 0 comment Print

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

July 6, 2023 984 Views 0 comment Print

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

July 4, 2023 909 Views 0 comment Print

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

June 24, 2023 1053 Views 0 comment Print

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

June 16, 2023 1722 Views 0 comment Print

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

June 13, 2023 2208 Views 0 comment Print

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

June 10, 2023 2202 Views 0 comment Print

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

June 9, 2023 765 Views 0 comment Print

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

May 31, 2023 2436 Views 0 comment Print

Guwahati High Court reverses rejection of zimma for seized areca nuts in Anowar Hussain’s case. Petitioner allowed to file a new petition with strict conditions.

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

April 19, 2023 516 Views 0 comment Print

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 […]

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