Sponsored
    Follow Us:

Jharkhand High Court

Summary of SCN in Form DRC-01 is not a substitute of SCN U/s. 74(1)

July 8, 2022 7449 Views 0 comment Print

As per Rule 142(1)(a) of the JGST Rules, the summary of show cause notice has to be issued electronically to keep track of the proceeding initiated against the registered persona whereas a show cause notice need not necessarily be issued electronically.

PMLA: HC denies Bail as applicant likely to commit offence, if enlarged on bail

June 28, 2022 588 Views 0 comment Print

Dive into the Jharkhand High Court rejection of bail for Hemant Kumar Sinha in a money laundering case. Analysis of charges, arguments, and legal perspectives.

Garnishee Proceedings become ‘Infructuous’ on stay of demand at Appellate Stage

June 24, 2022 1080 Views 0 comment Print

Upon disposal of appeal, in case adjudication order is upheld or modified, a fresh demand has to be raised in Form GST APL-04. Therefore, Garnishee notice become infructuous

Summary SCN not fulfilling ingredients of a proper SCN violates principles of natural justice

May 4, 2022 2901 Views 0 comment Print

djudication Order is non est in the eye of law, as the same has been passed without issuance of proper Show Cause Notice (SCN) and thus, amounts to violation of principles of natural justice.

Jharkhand  HC grants interim protection from GST payment on mining royalty & allied charges

April 27, 2022 2706 Views 0 comment Print

Mandhan Minerals Corporation Vs Union of India (Jharkhand High Court) HC considered the submissions of learned counsel for the parties on the prayer for interim relief on the levy of GST on royalty /DMF. On consideration of the rival pleas in the canvass of facts and the legal propositions advanced by them, it is clear […]

Section 18(8)(ix) of JVAT Act not applicable when no manufacturing activity is undertaken by the dealer: HC

April 3, 2022 477 Views 0 comment Print

Exide Industries Limited Vs The State of Jharkhand (Jharkhand High Court) The present dispute pertains to the period 2012 -2013. The Petitioner during the said period, had made local purchases of scrap batteries worth Rs. 6,12,45,703/- on which it had claimed Input Tax Credit (ITC) of Rs. 30,62,285. However, in the assessment order ; the […]

GST interest liability U/s. 50 cannot be raised without initiating any adjudication proceeding if Assessee raises dispute

March 28, 2022 4239 Views 0 comment Print

Narsingh Ispat Limited Vs Union of India (Jharkhand High Court) Whether liability of interest under section 50 of the GST Act could be raised without initiating any adjudication proceeding either under section 73 or 74 of JGST Act in the event Assessee raising a dispute towards liability of interest. It has been held that if […]

HC Quashes GST Notice for not fulfilling ingredients of a proper SCN

March 14, 2022 10302 Views 0 comment Print

NKAS Services Private Limited Vs. State of Jharkhand (High Court of Jharkhand) A perusal of the impugned show cause notice at Annexure-1 creates a clear impression that it is a Show Cause notice (SCN) issued in a format without even striking out any relevant portions and without stating the contraventions committed by the petitioner. The […]

GST: Interest cannot be recovered without initiation & completion of adjudication proceedings

February 24, 2022 13902 Views 0 comment Print

R.K. Transport Private Limited Vs Union of India (Jharkhand High Court) Recovery proceedings under Section 79 of the CGST Act cannot be initiated for recovery of interest under Section 50 of the Act without initiation and completion of the adjudication proceedings under the Act The issue at hand is whether interest liability under Section 50 […]

Refund of Cenvat Credit cannot be claimed as credit in Service Tax Return

February 21, 2022 5268 Views 0 comment Print

Rungta Mines Limited Vs Commissioner of Central Goods & Services Tax and Central Excise (Jharkhand High Court) In the instant case, as per the case of the petitioner, the entire problem has cropped up due to non-receipt of the invoice in original from the port authorities although the port services were availed and payments for […]

Sponsored
Sponsored
Search Post by Date
February 2025
M T W T F S S
 12
3456789
10111213141516
17181920212223
2425262728