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Jharkhand High Court

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

January 17, 2023 2085 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.

Notice sent on Incorrect Address: Valid service of notice cannot be presumed

January 16, 2023 2523 Views 0 comment Print

Global Construction (A Proprietorship Firm) Vs Union of India (Jharkhand High Court) The appeal has been rejected by the Commissioner (Appeals), Central Goods & Services Tax and Central Excise, Ranchi only on the point of limitation since it was preferred after almost 2 years and 9 months on 29.09.2021. Under Section 85 of the Finance […]

DGGI withdraw contempt petition which was filed instead of taking coercive measure to secure presence of accused 

January 13, 2023 705 Views 0 comment Print

Directorate General of GST Intelligence Vs Nikit Mittal (Jharkhand High Court) This Court has perused the order passed in W.P.(Cr.) No. 415 of 2018 and other analogous cases and Cont. Case (Cvl) No. 665 of 2019 and other analogous cases as also the order passed by the writ Court in W.P.(Cr.) No. 14 of 2019 […]

HC issues notice on challenge to vires of Rule 118 being contrary to section 142(11)(c) of CGST Act

January 12, 2023 2775 Views 0 comment Print

HC issues notice on the challenge to the vires of Rule 118 being contrary to section 142(11)(c) of the CGST Act. The petitioner contends no such condition in the statute. The transitional provision is for smooth transition into the new taxation regime and intends to avoid double taxation.

Confirming penalty for expiry of e-way bill without dealing with contention raised is bad in law

January 7, 2023 2067 Views 0 comment Print

Jharkhand High Court held that impugned order passed, confirming penalty for expiry of e-way bill, without proper application of mind and without dealing with the contention raised by the petitioner is against the violation of principles of natural justice and hence bad in law.

GST liability for delay in export – HC directs petitioner to approach jurisdictional GST authority for refund/Reversal

January 1, 2023 1389 Views 0 comment Print

ESL Steel Limited Vs Bharat Heavy Electricals Limited (Jharkhand High Court) The original dispute for which the petitioner came before us was the incidence of tax liability that had fallen upon the petitioner on account of delay in making export within the specified time in terms of the notification dated 23rd October, 2017. Petitioner had […]

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

December 30, 2022 744 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 609 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 510 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 1275 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 […]

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