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Himachal Pradesh HC

Latest Posts in Himachal Pradesh HC

Liability of signatory in cheque dishonour not absolved because of resolution proceedings against company

October 17, 2024 207 Views 0 comment Print

Directors/ signatories cannot escape from their penal liability by citing its dissolution, only the accused company is dissolved and director/signatory cannot be permitted to go scot-free after the approval of resolution plan.

Himachal Pradesh HC Stays Section 148 Notice Due to Jurisdiction Issues

October 11, 2024 507 Views 0 comment Print

Himachal Pradesh HC stays Section 148 notice, citing lack of jurisdiction under Section 151A of the Income Tax Act, 1961, and improper procedural compliance.

Attachment of Cash Credit or Overdraft untenable as bank doesn’t become a debtor: Himachal Pradesh HC

October 9, 2024 342 Views 0 comment Print

Himachal Pradesh High Court held that attachment of account like Cash Credit or Overdraft by exercising powers conferred under section 226(3) of the Income Tax Act untenable as bank doesn’t become a debtor.

CGST Dept Can’t Institute Legal Proceedings on NCLT Liquidated Corporate Debtor’s Property: HP HC

October 4, 2024 345 Views 0 comment Print

Assessee-company was engaged in the business of manufacturing and trading of Inverters & Batteries and had its factory premises in Himachal Pradesh. For running its operations, it had availed various facilities from financial creditors and also with SBI.

GST not leviable on supply of free electricity: Himachal Pradesh HC

October 3, 2024 237 Views 0 comment Print

In the impugned order it has been held that supply of free power is nothing but “consideration” towards licensing services rendered by the State Governments. The correctness of this view is assailed in the Writ Petition.

Issuance of notice by Jurisdictional Officer invalid in view of provisions of section 151A: Himachal Pradesh HC

October 1, 2024 474 Views 0 comment Print

Himachal Pradesh High Court held that in view of the provisions of Section 151A of the Income Tax Act read with the Scheme dated 29th March, 2022 the notices issued by the Jurisdictional Assessing Officers and not in prescribed faceless manner are invalid and bad in law.

GST Registration Cancellation Based on Prima Facie Investigation Untenable: HP HC

September 30, 2024 117 Views 0 comment Print

Himachal Pradesh High Court held that prima facie investigation cannot be basis of an order of cancellation of GST registration. Drastic penalty of cancellation of GST registration can be imposed only after completion of investigation.

Proceedings initiated under SGST cannot be transferred to CGST: Himachal Pradesh HC

September 24, 2024 1665 Views 0 comment Print

Himachal Pradesh HC held that the State and Central Governments have been extended the same powers under the CGST and SGST Act and if one of the officers has already initiated proceedings, the same cannot be transferred to another.

GST Demand Order cannot be passed without issuance of SCN: Himachal HC

September 20, 2024 396 Views 0 comment Print

Himachal Pradesh High Court ruled that demand orders cannot be issued without a prior Show Cause Notice, ensuring compliance with legal procedures.

Himachal Pradesh Water Cess Act, 2023 Ultra Vires & Beyond State Competence: HC

July 9, 2024 165 Views 0 comment Print

Himachal Pradesh High Court quashes the Water Cess on Hydropower Electricity Generation Rule, 2023, declaring it unconstitutional and beyond state legislative competence.

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