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Jharkhand High Court

Illegal transfer of PAN – Prima–facie evidence exist against CCIT: HC

December 29, 2021 1482 Views 0 comment Print

Jharkhand HC rejects discharge plea in Anup Kumar Lakhotia case. Charges framed under IPC and Prevention of Corruption Act. Legal analysis and key details.

HC dismisses PIL against Organising Ranchi T-20 Match With Full Audience Capacity

November 23, 2021 600 Views 0 comment Print

Dheeraj Kumar Vs State of Jharkhand (Jharkhand High Court) Since the decision has been taken by the competent authority as under Section 18(3) of the Disaster Management Act, 2005 relaxing the outdoor congregation for conducting the T-20 International Cricket Match as has been submitted by Mr. Amit Kumar Das, learned counsel for the JSCA that […]

Jharkhand HC quashes vague SCN on wrongful availment of ITC

October 19, 2021 11283 Views 0 comment Print

Proceedings under Section 74 of GST Act have to be preceded by a proper SCN – Jharkhand High Court quashed the Show Cause Notice (SCN) in respect of wrongful availment of Input Tax Credit (ITC) as it was vogue, unclear and lacked serious details.

Individual avoiding appearance before competent authority without any just excuse cannot escape coercive action including arrest

September 5, 2021 921 Views 0 comment Print

Directorate General of GST Intelligence Vs Pankaj Agarwal (Jharkhand High Court) Individual avoiding appearance before competent authority without any just excuse cannot escape coercive action including arrest Hon’ble High Court of Jharkhand by an order dated July 09, 2021, observed that section 69 read with section 70 of the Central Goods and Services Tax Act, […]

Section 138 NI Act- HC Explains Non-MICR Cheque Bouncing & Notice Under Certificate of Posting

July 19, 2021 12759 Views 0 comment Print

Md. Nasim Ansari son of Late Md. Muslim Vs The State of Jharkhand (Jharkhand High Court) Heard Mrs. Ritu Kumar, learned counsel for the petitioner. 2. Heard Mrs. Vandana Bharti, learned A.P.P. appearing on behalf of the opposite party- State. 3. Heard Mr. Ashok Kr. Sinha, learned counsel appearing on behalf of the opposite party […]

JVAT: Period of limitation to appeal against assessment order commences from date of service of demand notice, not from date of assessment order

June 4, 2021 2400 Views 0 comment Print

Orders of assessments were a quasi-judicial order passed after hearing of assessee, followed by issuance of demand notices as per the provision of JVAT Act itself and assessee had statutory remedies against the orders of assessments whose limitation commence from the date of receipt of the demand notices and not from the date of the assessment orders

Garnishee Notice cannot be issued when appeal is pending & pre-deposit is paid

March 25, 2021 1392 Views 0 comment Print

NG Gadhiya Vs State of Jharkhand & Others (Jharkhand High Court) Considering the facts and circumstances of the case and in view of the specific provision of sub-Sections 6 & 7 of Section 107 of the JGST Act and in view of the admitted position that the subsequent garnishee notices dated 15.01.2021 covers both the […]

Amount paid by Mistake or ignorance of Repealment of Act must be Refunded: HC

February 9, 2021 1620 Views 0 comment Print

WS Retail Services Private Limited Vs State of Jharkhand (Jharkhand High Court) It is the case of the petitioner, undisputed by the respondent that petitioner is not a registered dealer under JVAT Act, 2005 nor has been assessed to tax under the Act. No demand notices were raised against the petitioner as such to the […]

GST registration Cancellation vide deficient SCN unsustainable

February 4, 2021 9258 Views 0 comment Print

Petitioner could not furnish his reply as no date or time was indicated therein. As such, the cancellation of registration resulting from such an incomplete/deficient show-cause notice (SCN) also cannot be sustained being violative of principles of natural justice.

Jharkhand HC disposes Writ as state imposing interest on Net GST Liability

January 21, 2021 855 Views 0 comment Print

BGR Mining & Infra Limited Vs State of Jharkhand (Jharkhand High Court) We have considered the submission of learned counsel for the parties in respect of the issue of levy of interest under Section 50 of the Act on the gross tax liability as upheld in appeal by the Respondent Joint Commissioner of State Sales […]

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