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Himachal Pradesh HC

Writ petition not maintainable pending adjudication of detailed GST SCN: HP HC

May 12, 2025 747 Views 0 comment Print

Court dismisses writ petition against a GST show cause notice for ₹4.37 Cr, citing the rule of alternate remedy. Decision references Supreme Court rulings on bypassing statutory appeals.

Himachal HC Reviews GSTAT Eligibility Technical Member Relaxation Decision

February 1, 2025 438 Views 0 comment Print

Himachal Pradesh HC reviews GSTAT eligibility relaxation approved by GST Council, allowing 25 years of service as a Gazetted officer for selection.

Deduction towards leave encashment fund admissible only when it is actually paid

January 30, 2025 1725 Views 0 comment Print

Himachal High Court held that as per section 43-B of the Income Tax Act deduction towards contribution to leave encashment fund is available only when the same is actually paid. Accordingly, appeal of the assessee dismissed.

HP VAT: Section 16(7) Penalty Requires Applicability of Section 16(4) – HP HC

January 29, 2025 1437 Views 0 comment Print

HP High Court rules penalty under Section 16(7) of HP VAT Act cannot be invoked without ascertaining compliance with Section 16(4). Case remitted to assessing authority.

Mandatory twin Conditions to be satisfied u/s 127 for transferring assessee’s case from one officer to another

January 20, 2025 1332 Views 0 comment Print

Assessee was justified in objecting to jurisdiction of AO and transfer of his case, which obviously could not have been adjudicated upon without affording an opportunity of hearing and disclosing to him the reasons for not accepting his point of view.

Right of personal hearing is fundamental right, which petitioner cannot be deprived off: HP HC

January 17, 2025 573 Views 0 comment Print

Assessment proceedings against the petitioner were started and completed on 23.01.2018 and on the same day penalty proceedings were initiated. Appeal against the assessment order got dismissed on 14.11.2022.

CHimachal Pradesh HC Validates Late Fee Waiver for GSTR-9 & 9C Returns

January 13, 2025 981 Views 0 comment Print

Himachal Pradesh HC rules that late fee waiver under Notification No. 07/2023 applies to GSTR-9 returns filed before the amnesty period, ensuring fair treatment for taxpayers.

Late Fee Waiver under GST Notification 07/2023 Granted despite filing of return before cut-off date

January 2, 2025 1926 Views 0 comment Print

It would be unjust to deny benefit to petitioner merely because petitioner filed return prior to the issuance of amnesty notification dated 31.03.2023, confined to amnesty only to those who filed return between 01.04.2023 and 30.06.2023.

Himachal HC Upholds GST Levy on Mining Royalty

December 29, 2024 1407 Views 1 comment Print

Himachal Pradesh HC upholds GST on mining royalty, rejecting petition based on overruled Supreme Court ruling

Telephone Conversations as Evidence Breaches Privacy Rights: HP High Court

November 21, 2024 1092 Views 0 comment Print

Himachal Pradesh High Court rules using recorded phone calls as evidence without consent violates privacy rights under Article 21 of the Indian Constitution.

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