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Orissa High Court

Orissa HC stays section 148 notice issued after 31st March 2021

January 27, 2022 2088 Views 0 comment Print

Rashmi Motors Vs PCIT (Orissa High Court) 1. This matter is taken up by video conferencing mode. 2. It appears that a Division Bench of Allahabad High Court has in its judgment dated 30th September, 2021 in Writ Tax No.524 of 2021 (Ashok Kumar Agarwal v. Union of India) accepted the pleas challenging reassessment notice […]

HC Quashes section 148 notice issued beyond 4 years as same was approved by JCIT instead of CIT

January 27, 2022 3387 Views 0 comment Print

Orissa HC quashes notice under Section 148 of IT Act, citing lack of approval and time bar. Full text of judgment included.

Bogus ITC passing of Rs 47.99 Crore: HC grants bail to accused

January 17, 2022 816 Views 0 comment Print

Satindra Kumar Yadav Vs State of Odisha (Orissa High Court) In the instant case, the petitioner was arrested on 02.09.2021 for offences under Section 132(1)(b),(c)&(l) of OGST Act, 2017 having availed fake ITC by a firm M/s. S.S. Syndicate during the period under consideration. As is made to understand, the petitioner being the proprietor of […]

Fake ITC availment: HC grants bail to accused

January 15, 2022 1293 Views 0 comment Print

Rohit Berlia Vs The Intelligence Officer (Orissa High Court) In the instant case, the petitioner was arrested on 08.2021 for an offence punishable under Section 132(1)(c) CGST Act, 2017 having availed fake ITC by the firm M/s. Arshee Ventures during the period from July, 2017 to March, 2019. As is made to understand, the business […]

Bogus ITC Case- HC grants bail to CA on furnishing bail bond of Rs. 50 Lakh

January 15, 2022 1911 Views 0 comment Print

Chartered Accountant Amit Agarwal seeks bail in OGST Act fraud case involving fake business entities and alleged GST fraud of Rs.319.64 crore.

HC sets aside retrospective amendment In IPR denying GST reimbursement

January 14, 2022 2040 Views 0 comment Print

High Court set aside the retrospective amendment in Industrial Policy Resolution denying GST reimbursement as the Court was not satisfied of the reasons given by the Opposite Parties for discriminating against assessee unit vis-à-vis KPCW which appeared to be identically placed as assessee and nowhere does IPR 2007 state that a cement producing unit that sources raw materials from outside would be ineligible to receive the incentives.

Denial of bail to assessee as bogus ITC claimed without supply of any physical goods

December 15, 2021 1380 Views 0 comment Print

Rajeev Mishra Vs State of Odisha And Another (Orissa High Court) Conclusion: Considering the nature and gravity of the accusation, the nature of supporting evidence, availability of prima facie case against assessee, coupled with the fact that a huge amount of public money had been misappropriated by availing and passing of bogus ITC, assessee was […]

Bogus ITC Case: Orissa HC grants Bail to accused

December 13, 2021 4494 Views 0 comment Print

It has been alleged that the petitioner is the proprietor of M/s. S.R. Enterprises in collusion with others had been managing in showing the receipt of purchase invoices in the name of fake firms without physical receipt of goods and issuing sale invoices without onward physical movement of the goods and thereby has wrongfully availed and passed on bogus Input Tax Credit (ITC) on the strength of those fake invoices in defrauding the State exchequer.

OVAT Act- No reopening prior to 01.10.2015 if No acceptance of return filed as ‘self-assessment’

December 12, 2021 1791 Views 0 comment Print

Keshab Automobiles Vs State of Odisha (Orissa High Court) A comparison of the language used in the amended Section 43 (1) of the OVAT Act with its version prior to 1st October, 2015 makes it clear that a new system has been put in place as far as reopening of returns filed as ‘self-assessmen’ is […]

Bogus ITC | Fake GST Invoices | Orissa HC grants Bail to accused

December 10, 2021 1026 Views 0 comment Print

It is said that they have issued fake invoices in the name of eight non-existent and fictitious business entities without physical movement of the goods and both being defacto operators have lodged claim of wrongful utilization of bogus ITC on the strength of fake invoices without physical receipt of the goods.

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