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Jharkhand High Court

VAT demand: HC grants interim stay to Tata Steel subject to deposit of 20% of tax

December 13, 2022 924 Views 0 comment Print

Tata Steel Limited Vs State of Jharkhand (Jharkhand High Court) Interlocutory Application No. 9617/2022 has been preferred for ignoring defect and exemption from filing certified copy of Annexure-9 which is the photocopy of the appellate order. It is submitted that since the record of the Inferior Authorities are before the learned Commercial Taxes Tribunal, certified […]

Prosecution u/s 276C quashed automatically as penalties cancelled on merit

December 13, 2022 2751 Views 0 comment Print

Jharkhand High Court held that once the penalties are cancelled on the ground that there is no concealment, the quashing of prosecution under section 276C of the Income Tax Act is automatic.

High Court decided not to interfere on issue of leviability of GST @12% or 18% at investigation stage

December 7, 2022 1467 Views 0 comment Print

Jharkhand High Court decided not to interfere on issue of leviability of tax on work of transportation of coal under GTA services leviable at 12% under Chapter Heading No. 9965 or 18% under Chapter Heading No. 9986 at the investigation stage.

Bail not granted as person likely to temper evidences

November 29, 2022 1230 Views 0 comment Print

Jharkhand High Court rejected the bail application as the person is likely to hamper the investigation as already there were attempts to submit the false certificate to obtain the benefit on medical grounds. Further, if the bail is granted, the petitioner is also likely to temper the evidences.

GST authorities cannot issue SCN under Section 73 for verification of transitional credit

November 28, 2022 16977 Views 0 comment Print

Jharkhand HC held that for verification of transitional credit, GST authorities cannot issue SCN under Section 73 of CGST Act, 2017 questioning eligibility to credit under erstwhile law

Bail granted in Extortion Case as there was no possibility of tampering with evidence

November 21, 2022 4557 Views 0 comment Print

Jharkhand High Court held that bail granted as the petitioner was held to be not at flight risk and also there was no possibility of tampering the evidence or influencing/ intimidating the witness.

Set of provisions on which trust registration was granted cannot be taken as base for cancelling the same registration

November 14, 2022 1674 Views 0 comment Print

Jharkhand High Court held that once registration has been granted under section 12AA after satisfying about genuineness of the activities of the Trust, the same cannot be cancelled on the basis of the same set of provisions of the Trust.

Date of payment towards GST liability is to be construed from date of filing of GSTR-3B

November 11, 2022 5004 Views 1 comment Print

RSB Transmissions India Limited Vs Union of India (Jharkhand High Court) A combined reading of Section 49(1) of CGST Act, 2017 and Rule 87 (6) and (7) of CGST Rules, 2017 both go to show that such deposit does not mean that the amount is appropriated towards the Government exchequer. On other hand other, a […]

HC allows amendment in GSTR-1 to rectify mistake of wrong GSTIN mentioned against invoices raised on purchaser

November 9, 2022 21282 Views 0 comment Print

Mahalaxmi Infra Contract Ltd. Vs Goods and Services Tax Council (Jharkhand High Court) In the instant case it appears that on account of an inadvertent error, the entry relating to Tax Invoice No. 01/2018- 19 dated 17th January 2019 could not be reflected in the GSTR-1 filed by the petitioner against the GSTIN of Eastern […]

18 Month Imprisonment for accepting bribe to furnish Income Tax clearance certificate

November 7, 2022 1383 Views 0 comment Print

Jharkhand High Court held that acceptance of bribe duly proved and accordingly, a punishment of six months simple imprisonment under Section 7 of the PC Act and one year’s simple imprisonment under Section 13 (2) r/w 13 (1) (d) of the P.C. Act with a fine of Rs.1000 sentenced for accepting bribe for furnishing Income Tax clearance certificate

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