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Jharkhand High Court

E-way bill expiry – Efficacious alternative remedy available- HC allows appeal before appellate authority

December 30, 2022 585 Views 0 comment Print

Burnpur Polyfabs Pvt. Ltd Vs State of Jharkhand (Jharkhand High Court) HC held that taking into consideration that an efficacious alternative remedy by way of appeal is available to the petitioner under Section 107 of JGST Act, we therefore, grant liberty to the petitioner to approach the appellate authority against the impugned order passed under […]

Writ Petition not to be filed when an efficacious alternative remedy of appeal is available

December 30, 2022 441 Views 0 comment Print

HC directed the assessee to seek alternative statutory remedy of appeal against the order of demand and detention of vehicle for alleged expiry of E-Way bill, passed by the State Taxes Officer.

HC disposes Writ as efficacious remedy of appeal is available

December 30, 2022 363 Views 0 comment Print

GMT Industries Ltd Vs State of Jharkhand (Jharkhand High Court) Mr. Ashok Kumar Yadav, learned G.A. has filed counter affidavit inter-alia challenging the maintainability of the writ petition, as also on merits and has contended that the efficacious remedy of appeal is available to assessee, since the dispute pertains to questions of fact, the Hon’ble […]

GST demand on export not done by BHEL: HC Grants stay to ESL Steel Limited

December 21, 2022 1050 Views 0 comment Print

ESL Steel Limited Vs Bharat Heavy Electronic Limited (Jharkhand High Court) The Petitioner made supplies for export to Bharat Heavy Electricals Ltd (BHEL). The goods were ultimately exported, albeit with delay. Petitioner and BHEl made representations to the Revenue for condonation of delay in exports. Reliance was placed on Para 5.1 of Circular No. 37/11/2018-GST […]

VAT demand: HC grants interim stay to Tata Steel subject to deposit of 20% of tax

December 13, 2022 765 Views 0 comment Print

Tata Steel Limited Vs State of Jharkhand (Jharkhand High Court) Interlocutory Application No. 9617/2022 has been preferred for ignoring defect and exemption from filing certified copy of Annexure-9 which is the photocopy of the appellate order. It is submitted that since the record of the Inferior Authorities are before the learned Commercial Taxes Tribunal, certified […]

Prosecution u/s 276C quashed automatically as penalties cancelled on merit

December 13, 2022 2361 Views 0 comment Print

Jharkhand High Court held that once the penalties are cancelled on the ground that there is no concealment, the quashing of prosecution under section 276C of the Income Tax Act is automatic.

High Court decided not to interfere on issue of leviability of GST @12% or 18% at investigation stage

December 7, 2022 1224 Views 0 comment Print

Jharkhand High Court decided not to interfere on issue of leviability of tax on work of transportation of coal under GTA services leviable at 12% under Chapter Heading No. 9965 or 18% under Chapter Heading No. 9986 at the investigation stage.

Bail not granted as person likely to temper evidences

November 29, 2022 1020 Views 0 comment Print

Jharkhand High Court rejected the bail application as the person is likely to hamper the investigation as already there were attempts to submit the false certificate to obtain the benefit on medical grounds. Further, if the bail is granted, the petitioner is also likely to temper the evidences.

GST authorities cannot issue SCN under Section 73 for verification of transitional credit

November 28, 2022 15870 Views 0 comment Print

Jharkhand HC held that for verification of transitional credit, GST authorities cannot issue SCN under Section 73 of CGST Act, 2017 questioning eligibility to credit under erstwhile law

Bail granted in Extortion Case as there was no possibility of tampering with evidence

November 21, 2022 3480 Views 0 comment Print

Jharkhand High Court held that bail granted as the petitioner was held to be not at flight risk and also there was no possibility of tampering the evidence or influencing/ intimidating the witness.

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