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Patna High Court

Statutory benefit of stay u/s 112(9) of BGST Act is to be extended despite of non-constitution of Tribunal

April 15, 2023 1251 Views 0 comment Print

Patna High Court held that in case the petitioner makes deposit of a sum equal to 20% of the remaining amount of tax in dispute then the petitioner must be extended the statutory benefit of stay u/s. 112(9) of the Bihar Goods and Services Tax Act, 2017 (BGST Act) for he cannot be deprived of the benefit, due to non- constitution of the Tribunal.

GST Section 112(8): Interest Component should be part of remaining tax? HC to decide

April 15, 2023 3789 Views 0 comment Print

Appellant submitted that interest on disputed tax does not come within expression remaining tax for Section 112(8) of CGST Act, 2017

Non-constitution of GST Appellate Tribunal deprives petitioner’s statutory right to appeal – HC grants stay

April 12, 2023 1194 Views 0 comment Print

Patna High Court held that non-constitution of Appellate tribunal deprives petitioner’s statutory right to appeal u/s. 112(8) and 1129(9) of Bihar Goods and Services Tax Act (BGST).

Stay of demand under GST cannot be denied for non-constitution of Tribunal

April 12, 2023 4719 Views 0 comment Print

Due to non-constitution of Tribunal, petitioner is deprived of his statutory remedy under Sub-Section (8) and Sub-Section (9) of Section 112 of B.G.S.T. Act.

Dept. can’t recover balance amount from petitioner when amount more than pre-deposit paid already

March 18, 2023 2271 Views 0 comment Print

Vihaan Networks Limited Vs The State of Bihar (Patna High Court) The present writ application has been filed seeking quashing of a notice bearing Process No. 336 dated 25.01.2023, issued by the Deputy Commissioner of State Tax, Special Circle, Patna, asking the petitioner to deposit outstanding amount of Rs. 97,24,149/- against the State Goods and […]

Petitioner duly entitled for 5% simple interest on delayed payment of pension and gratuity

March 17, 2023 1596 Views 0 comment Print

Patna High Court held that petitioner is duly entitled for at least 5% Simple interest on delayed payment of pension and gratuity.

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

March 8, 2023 2955 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 2475 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 1692 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 1929 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

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