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Jharkhand High Court

Approach commissioner with request for extension of time limit for submission of Form GST ITC-01: HC

February 17, 2023 5697 Views 0 comment Print

Petitioner should approach Commissioner, State Taxes with a request for extension of time limit for submission of Form GST ITC-01, which may be considered in accordance with law.

JVAT: Transportation cost of goods which is separately charged to buyer not to included in sale price

February 13, 2023 1302 Views 0 comment Print

Jharkhand High Court held that as per Explanation-III to section 2(xlviii) of JVAT Act sale price shall not include cost for transport of goods from seller to buyer provided such cost is separately charged to buyer.

Summary of SCN in Form DRC-01 is not a substitute of SCN under Section 74(1)

February 9, 2023 4101 Views 0 comment Print

Sidhi Vinayak Enterprises Vs State of Jharkhand (Jharkhand high court) It appears that pursuant to the search conducted by the respondents in the premises of the petitioner-company under Section 67 of the JGST Act two summary of show cause notice in Form DRC-01 were issued, one for the period from 01.07.2017 to 13.8.2018 and another […]

Alternative remedy against order not applicable when SCN is issued in violation of principles of natural justice

February 2, 2023 1839 Views 0 comment Print

Held that, stating specific charges in the SCN is part of due procedure and fair play in action which are essential requirements of rule of law and has its genesis in Article 14 of the Constitution of India and since the principles of natural justice is not complied with, the ground of alternative remedy is not acceptable. Remanded back the matter to pass a fresh order after following the due procedure of law from the stage of issuing fresh SCN.

Jharkhand HC held Minister guilty of acquiring disproportionate assets by Misuse of political position

January 30, 2023 1500 Views 0 comment Print

Jharkhand High Court upholds Anosh Ekka’s conviction for acquiring disproportionate assets. Co-accused sentenced for abetting and conspiracy under P.C. Act.

Jharkhand HC upheld Conviction of Former Minister under PMLA

January 29, 2023 1905 Views 0 comment Print

Jharkhand High Court upholds conviction and sentencing of Anosh Ekka in a case involving disproportionate assets and money laundering under PMLA.

Lack of clarity w.r.t. reasons/ contraventions in SCN violates principles of natural justice

January 28, 2023 2502 Views 0 comment Print

HC held that DRC-07 has been issued within five days of issuance of DRC-01 is a clear picture of violation of principles of natural justice.

Migration of unadjusted TDS amount allowable under GST

January 26, 2023 1605 Views 0 comment Print

Jharkhand High Court held that unadjusted TDS amount under Jharkhand Value Added Tax Act is allowed to be migrated under Jharkhand Goods and Services Tax Act, 2017.

Electronic credit ledger cannot be blocked without providing an opportunity of personal hearing

January 23, 2023 1263 Views 0 comment Print

HC quashed and set aside the orders blocking Electronic Credit Ledger (ECL) of assessee without providing an opportunity of personal hearing. 

Denial of benefit under SVLDRS stating that department decided to file appeal is unjustified

January 17, 2023 1998 Views 0 comment Print

Jharkhand High Court held that benefit under SVLDRS scheme cannot be denied by the designated committee on the reason that department has decided to file an appeal against the OIO.

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