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Patna High Court

BIADA directed to recall cancellation order on acceptance of undertaking by petitioner

March 8, 2023 2688 Views 0 comment Print

Patna High Court directed BIADA (Bihar Industrial Area Development Authority) to immediately recall the order of cancellation of allotment of impugned premises as the petitioner accepted the undertaking and accepted to pay the pending dues as per the undertaking.

Bail granted as value of gold biscuits/ bullions is less than Rs. One Crore

March 6, 2023 2202 Views 0 comment Print

Patna High Court held that bails is granted on furnishing of bails bonds as the recovery of gold biscuits-bullions is of value less than Rs. One Crore.

Appropriate forum should be approached for reimbursement of Seignorage charge & Labour Cess on construction and maintenance work

February 19, 2023 1224 Views 0 comment Print

Patna High Court held that the Reimbursement of Seignorage Charge and Labour Cess on construction and maintenance of Akauna Path to Yogapur Path work done under NABARD should be challenged before the appropriate forum.

Ex-parte assessment order passed in violation of principles of natural justice entails civil consequences

January 30, 2023 1644 Views 0 comment Print

HC quashed ex-parte assessment order rejecting ITC claim & imposing tax as it was passed in violation of principles of natural justice

GST Registration cancellation order set aside due to lack of reasoning

January 14, 2023 540 Views 0 comment Print

HC set aside the order of cancellation of GST Registration of the assessee and held that the cancellation of the GST Registration through a non-speaking order without mentioning the grounds for such cancellation is cryptic in nature and violates the principles of natural justice.

HC Quashes GST order passed by Commissioner (A) without considering points taken by petitioner 

January 13, 2023 1281 Views 0 comment Print

It is observed that vide impugned order passed by Additional Commissioner (Appeal), the appeal of the petitioner against the order passed by Assistant Commissioner of State Taxes under Section 74 of BGST Act, 2017; and summary of order in Form GST DRC-07 has been rejected without considering the points taken by the petitioner in gross violation of principles of natural justice.

HC restores GST Registration as response to SCN not considered

January 13, 2023 828 Views 0 comment Print

Not only GST registration cancellation order is non­speaking, but cryptic in nature and the reason of cancellation not decipherable therefrom. Principles of natural justice stand violated and the order needs to be quashed as it entails penal and pecuniary consequences.

HC restores GST Registration Cancelled by A Non-Speaking Order

January 6, 2023 2061 Views 0 comment Print

Not only the GST Registration cancellation order is non­speaking, but cryptic in nature and the reason of cancellation not decipherable therefrom. Principles of natural justice stand violated and the order needs to be quashed

HC set-aside ex party Order passed without mandatory 30 day notice -Section 74(A) of CGST

January 3, 2023 2046 Views 0 comment Print

Motiprabha Infratech Pvt. Ltd Vs Union of India (Patna High Court) Undisputedly, minimum statutory period of 30 days mandated under the provisions of Section 74(A) of CGST/BGST Act, 2017 was not afforded to the petitioner for making payment due and prior to the expiry of 30 days, the assessing officer proceeded to pass the order, […]

HC quashes order Cancelling GST registration without giving Reasons

January 2, 2023 495 Views 0 comment Print

Not only the order is non­speaking, but cryptic in nature and the reason of cancellation not decipherable therefrom. Principles of natural justice stand violated and the order needs to be quashed as it entails penal and pecuniary consequences.

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