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Himachal Pradesh HC

Himachal HC Quashes Recovery Notice, Orders Fresh GST Assessment

July 9, 2025 681 Views 0 comment Print

Himachal Pradesh High Court sets aside recovery notice against Hindustan Construction Company, directing the Assistant Commissioner to conduct a fresh assessment for the 2017-18 GST dispute by September 30, 2025.

Accused entitled to acquittal as financial capacity of complainant not proved

July 8, 2025 987 Views 0 comment Print

Himachal Pradesh High Court held that complainant failed to prove his financial capability and hence the accused is entitled to acquittal. Accordingly, order of Trial Court upheld and petition is dismissed.

Cr.P.C. applies to proceedings conducted under GST Act to the extent there is no contrary provision

July 7, 2025 1449 Views 0 comment Print

The matter was examined on the GST Portal, and it was verified that several consignments were delivered in two-wheelers, three-wheelers or cars. The registration numbers of many vehicles declared to have transported the goods from outside the State were found to be fake.

Payment date under SVLDR Scheme extended due to COVID pandemic

July 4, 2025 1029 Views 0 comment Print

Himachal Pradesh High Court held that date of making payment under Sabka Vishwas [Legacy Dispute Resolution] Scheme [SVLDR Scheme] extended due to COVID pandemic since denying benefit of SVLDR Scheme would be contrary to the object of the scheme.

Bail cannot be granted on ground that case is triable by Court of Judicial Magistrate

July 3, 2025 636 Views 0 comment Print

Kulveer Vs State of Himachal Pradesh (Himachal Pradesh High Court) Himachal Pradesh High Court held that applicant not ipso facto entitled for relief of bail merely on the ground that case is triable by the Court of Judicial Magistrate. Accordingly, bail application in money laundering matter dismissed. Facts- Applicant-Kulveer has filed the present application, under […]

GST Penalty without Intent to Evade Tax is Arbitrary: HP High Court

July 1, 2025 2562 Views 0 comment Print

Himachal Pradesh High Court quashes penalty under CGST Act for e-way bill non-production, stating that intent to evade tax (mens rea) is essential for imposing penalties, not just procedural errors.

Accused entitled to acquittal as financial capacity of complainant not established

June 30, 2025 1038 Views 0 comment Print

Himachal Pradesh High Court held that when the financial capacity of the complainant is not established, the accused is entitled to acquittal. Accordingly, order of Trial Court upheld and appeal of complainant dismissed.

HP HC Upholds 100% Section 80-IC deduction for Substantial Expansion

June 27, 2025 354 Views 0 comment Print

Himachal Pradesh High Court allows J.C. International 100% profit deduction under Section 80-IC after substantial expansion, relying on Supreme Court’s Aarham Softronics judgment.

Arrest u/s. 19 of PMLA justified as reasons to believe clearly demonstrated

June 25, 2025 720 Views 0 comment Print

Himachal Pradesh High Court held that arrest under section 19 of the Prevention of Money Laundering Act [the PMLA Act] justified as reasons to believe that petitioner is guilty of an offence under the PMLA. Accordingly, petition dismissed.

Under Protest’ Payments Not GST Liability Admission: HP High Court

June 25, 2025 2346 Views 0 comment Print

Himachal Pradesh High Court clarifies that payments made “under protest” against alleged ITC discrepancies do not constitute an admission of GST liability. The Court quashed interest and penalties imposed on Shyama Power India Ltd., directing re-issuance of demand to allow appeal.

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