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Jharkhand High Court

Every partner is liable, jointly, and severally, for all acts of the firm

October 5, 2022 4182 Views 0 comment Print

Liability of a partner for acts of the firm. Every partner is liable, jointly with all the other partners and also severally, for all acts of the firm done while he is a partner.

Service tax demand Notice on Legal Services by Senior Advocate set aside

September 21, 2022 2469 Views 0 comment Print

Demand notice issued by the tax authorities to a Senior Advocate seeking payment of service tax on legal services provided by him to a legal firm was set aside as Notification No.30/2012-ST dated 20.06.2012 had been amended by way of substitution by virtue of two consecutive notifications, i.e., Notification No. 18/2016-ST dated 01.03.2016 and Notification No.34/2016-ST dated 06.06.2016

GST Refund not allowable If not Corroborated by Documentary Evidence

September 14, 2022 1563 Views 0 comment Print

Merely GST refund claim on the basis of averments not suffice unless & until the said claim assesse is corroborated by documentary evidence.

Bank attachment notice in GST DRC-13 without notice & opportunity of hearing is untenable

September 13, 2022 15909 Views 0 comment Print

Held that in absence of proper show cause notice u/s. 73 (1) of the JGST Act and proper opportunity of hearing, issuance of the bank attachment notice contained in GST DRC-13 u/s. 79(1)(c) is untenable in law

Arbitration Application Maintainable Despite Pendency of Reference before MSME Council

September 6, 2022 1086 Views 0 comment Print

HC held that merely because one party, has approached before MSME Council, Arbitration application cannot be held to be not maintainable

If the Assessee disputes GST Interest Liability then revenue to follow Section 73 or 74 procedure

September 6, 2022 2790 Views 1 comment Print

HC held that that if assessee disputes Section 50 GST interest liability then revenue have to follow specific procedure of Section 73 or 74

Relief under SVLDRS depends on amount in arrears of duty

August 28, 2022 1071 Views 0 comment Print

Held that action of Designated Committee by first deducting the amount of deposit made by petitioners during enquiry, investigation or audit and, thereafter, extending relief to the petitioners by computing the amount of tax due on the outstanding amount, is not as per the mandate of the Scheme.

Goods/Vehicle cannot be Detained without Opportunity of Defending to Person Transporting

August 27, 2022 729 Views 0 comment Print

Explore the Jharkhand High Court’s ruling in AMI Enterprises vs Union of India on GST transit violation and procedural infirmities.

Summary of SCN In GST DRC-01 cannot Substitute Proper SCN requirement

August 26, 2022 4098 Views 0 comment Print

Roushan Kumar Chouhan Vs Commissioner of State Tax (Jharkhand High Court) Summary of Show Cause Notice in Form GST DRC-01 cannot substitute the requirement of a proper show cause notice under section 73(1) of the CGST Act, 2017? [Ref: Roushan Kumar Chouchan vs. Commissioner of State, Jharkhand & Ors in writ petition (T) No. 1849 […]

FIR quashed as Company not an accused & no direct allegations against directors

August 17, 2022 13164 Views 0 comment Print

Held that criminal proceedings cannot continue against the directors against whom there is no direct allegations of mala fide and importantly the company is not made an accused.

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