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Patna High Court

Patna HC: 4 Years Reasonable Limitation for Order u/s 201 of Income Tax Act

July 29, 2023 1509 Views 0 comment Print

The Patna High Court dismisses the appeal filed by the Income Tax Department against Indian Oil Corporation Ltd. The court deems four years as a reasonable time of limitation for an order under Section 201 of the Income Tax Act.

Bihar VAT Refund Application Rejected Without Basis: HC imposes cost on Officer

July 26, 2023 3843 Views 1 comment Print

In a recent judgment, the Calcutta High Court scrutinizes the rejection of a statutory refund application without proper grounds. The court highlights the obligation of timely refund and interest payment and criticizes the conduct of the State Tax Authority. Read the full analysis here.

GST: No Section 129(3) Penalty without Prescribed Section 129(4) Hearing

June 16, 2023 2625 Views 0 comment Print

No penalty under Section 129(3) of Central Goods and Services Tax (CGST) Act could be imposed without providing a hearing as prescribed under Section 129(4) of Act.

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

June 16, 2023 969 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 1731 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 816 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 3666 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 969 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 654 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 1089 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 […]

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