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Jharkhand High Court

No bar for prosecution under IPC merely because GST law prescribes punishment

July 23, 2023 1431 Views 0 comment Print

The Jharkhand High Court heard a petition seeking the quashing of a First Information Report (FIR) and the entire criminal proceeding against Mr. Anupam Kumar Pathak, proprietor of M/S Maa Mahamaya Enterprises, in connection with a case of Goods and Services Tax (GST) evasion.

Transitional credit claim for period prior to approval of resolution plan by NCLT is not allowable

July 22, 2023 549 Views 0 comment Print

Jharkhand High Court held that as liability of earlier management cannot be shifted to current management, similarly, credit of earlier management cannot be shifted to current management. Hence, claim of transitional credit prior to the approval of the resolution plan by the National Company Law Tribunal (NCLT) is not allowable.

Jharkhand HC Grants Bail on Money Laundering Case Due to Insufficient Evidence

July 21, 2023 624 Views 0 comment Print

Explore the recent Jharkhand High Court verdict on a money laundering case, Gopal Oraon Vs Union of India. Discover the court’s perspective on the lack of material evidence leading to the grant of bail.

In absence of SCN & adjudication order, recovery proceedings quashed by HC

June 28, 2023 1593 Views 0 comment Print

Jharkhand HC in case of Shree Ram Agrotech has set aside demand order & consequent recovery proceedings in view of non-compliance with provisions regarding issuance of Show-Cause Notice and adjudication order as prescribed under GST law.

Provision for Warranty Expenses allowed as business expense u/s 37

June 23, 2023 924 Views 0 comment Print

Jharkhand High Court held that ‘Provision for Warranty Expenses’ is allowable as business expense as large number of sophisticated goods were manufactured in past and if facts established show that defects existing in some of items manufactured and sold then provision for warranty is entitled to deduction.

Delay in Uploading Order or Generating DIN Not Invalidate Assessment Order

June 22, 2023 5754 Views 0 comment Print

In a case between Prakash Lal Khandelwal and CIT, Jharkhand High Court determined that a one-day delay in uploading an order or generating a DIN does not render an assessment order unsustainable.

PML Act: Section 24 Presumption can be Rebutted only at Trial Stage

May 31, 2023 966 Views 0 comment Print

Jharkhand High Court ruled that presumption under Section 24 of Prevention of Money Laundering Act can only be rebutted during trial stage

Jharkhand HC Allows Revocation of Cancelled GST Registration by June 30, 2023

May 31, 2023 2616 Views 0 comment Print

Jharkhand HC held that cancelled GST registration can be revoked until June 30, 2023, as per the notification issued by CBIC.

Recording of reasons mandatory for initiation of proceedings u/s 35(7) of JVAT

May 29, 2023 450 Views 0 comment Print

Jharkhand High Court held that it is mandatory to record reasons for initiation of proceedings under Section 35(7) of the Jharkhand Value Added Tax Act (JVAT Act). Non-recording of the same makes the proceedings untenable in law.

HC directs AO to allow Cross Examination of witness without interfering or restricting

May 14, 2023 2442 Views 0 comment Print

HC directs AO to provide effective cross-examination opportunity in accordance with provisions of Indian Evidence Act, 1872 and permit petitioner to cross- examine without in any manner interfering or restricting.

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