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Patna High Court

Patna HC dismisses Second Anticipatory Bail Application in Money Laundering Case: Chakresh Kumar Jain Vs UOI

June 16, 2023 936 Views 0 comment Print

Patna High Court rejects second anticipatory bail application filed by Chakresh Kumar Jain under section 4 PMLA, mirroring a similar rejection of an anticipatory bail plea by his father, Pawan Kumar Jain.

Patna HC Sets Aside GST Registration Cancellation order – Directs reconsideration

June 3, 2023 1662 Views 0 comment Print

Petitioner challenged cancellation of GST registration. HC found that GST Registration cancellation order provided no reasons & violated principles of natural justice.

GST Registration Cancellation without stating Reasons -HC allows appellant to apply for invocation until 30.06.2023

May 31, 2023 789 Views 0 comment Print

Patna High Court overturns the cancellation of Nihal Akhtar’s GST registration due to lack of reasons cited, citing principles of natural justice.

Section 45(5A) inserted vide Finance Act 2017 doesn’t have retrospective effect

May 23, 2023 3573 Views 0 comment Print

Patna High Court held that sub-section (5A) of section 45 inserted by way of an amendment in the Finance Act, 2017, expressly stated to be effective from 01.04.2018 cannot be treated as retrospective.

Bihar Entertainment Tax Act, 1948 cannot survive after 101st Amendment: HC

May 20, 2023 918 Views 0 comment Print

DEN Networks Limited Vs State of Bihar (Patna High Court) HC held that We have to reiterate that the inconsistent provisions in the Bihar State legislations which were sought to be continued for one year or till the amendment or repeal by the respective State Legislatures, by virtue of Section 19 of the 101st Amendment, […]

Non-Constitution of GSTAT: Patna HC grants stay on GST demand

May 5, 2023 612 Views 0 comment Print

Petitioner is prevented from availing benefit of stay of recovery of balance amount of tax in terms of Section 112 (8) and (9) of B.G.S.T Act upon deposit of amounts as contemplated under Section 112(8).

Non-Constitution of Tribunal – GST dept cannot deprive Assessee of Benefits

April 27, 2023 1050 Views 0 comment Print

Kumar Ram Ranjan Singh Vs State of Bihar (Patna High court) The instant writ petition has been filed under Article 226 of the Constitution of India seeking multifarious reliefs. The petitioner essentially is desirous of availing statutory remedy of appeal against the impugned order before the Appellate Tribunal (hereinafter referred to as “Tribunal”) under Section […]

GSTAT not constituted: Limitation for preferring appeal before GSTAT

April 21, 2023 1035 Views 0 comment Print

limitation for appeal before GSTAT start only after date on which President, or State President of Tribunal after its constitution under Section 109 of GST enters office.

HC stays GST recovery for Non-Constitution of Appellate Tribunal

April 20, 2023 2835 Views 0 comment Print

Due to non-constitution of GSTAT petitioner is deprived of his statutory remedy U/s. 112 of GST Act, so HC granted stay against recovery

Deprival of benefit of stay u/s 112(9) GST Act due to non-constitution of Tribunal unjustified

April 19, 2023 1131 Views 0 comment Print

Patna High Court held that the petitioner must be extended the statutory benefit of stay under Sub-Section (9) of Section 112 of the B.G.S.T. Act, for he cannot be deprived of the benefit, due to non- constitution of the Tribunal.

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