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Patna High Court

Writ against ex-parte GST order not entertained due to availability of alternative statutory remedy

July 23, 2025 684 Views 0 comment Print

Patna High Court didn’t entertained the writ application filed against ex-parte assessment order passed under GST due to availability of alternative statutory remedy of appeal before Tribunal. Accordingly, writ dismissed.

Reassessment order under Bihar VAT Act beyond prescribed time limit liable to be quashed

July 22, 2025 600 Views 0 comment Print

Patna High Court held that passing of reassessment order under Bihar Value Added Tax Act, 2005 beyond the time limit stipulated under section 26(3) of the Act is barred by limitation and accordingly, order is liable to be set aside.

Patna HC Slams Unreasoned GST Registration Denial

July 21, 2025 756 Views 0 comment Print

Patna High Court overturns GST registration rejection, citing unreasoned order and emphasizing that fresh applications are not barred if previous cancellation conditions are not ongoing.

Writ not entertained as alternative remedy available under SARFAESI Act

July 21, 2025 567 Views 0 comment Print

Patna High Court held that High Courts should not entertain application under Article 226 of the Constitution, if there is an effective remedy available to the aggrieved persons under the provisions of the SARFAESI Act. Accordingly, writ held as not maintainable.

Patna HC Quashes Ex Parte GST Order on Due Process Lapses

July 17, 2025 729 Views 0 comment Print

Patna High Court sets aside GST assessment against Shree Shyam Trading Co., citing lack of personal hearing and improper notice service.

Treat GST refund rejection order based on extraneous material as SCN: Patna HC

July 17, 2025 549 Views 0 comment Print

Patna High Court directs GST refund rejection order based on undisclosed extraneous material to be treated as a show-cause notice, ensuring natural justice.

CIT(A)’s Order Ignoring Higher Court Directions Amounts to Gross Negligence

July 14, 2025 309 Views 0 comment Print

Patna High Court held that passing of order by CIT(A) without following the directions given vide judgements of Hon’ble Supreme Court and High Court amounts to gross negligence if not a case of dereliction in duty. Accordingly, order set aside and matter restored back.

Can ITC Be Denied if Goods Are Delivered Directly to End Consumers?

July 12, 2025 1347 Views 0 comment Print

Patna High Court examines if ITC can be denied when goods are delivered directly to end consumers and not physically received by the dealer.

Centage for service charge/ technical assistance is not exempt under Mega Exemption Notification

June 28, 2025 786 Views 0 comment Print

Patna High Court held that service tax is leviable on centage charges received for their service charge/ technical assistance and exemption benefit under Mega Exemption Notification is not available since actual construction of roads and bridges are done by contractors.

Patna High Court Quashes GST Penalty from Pre-GST Era

June 26, 2025 654 Views 0 comment Print

Patna High Court sets aside a GST penalty of ₹6.33 lakh for the 2016-17 financial year, citing the non-existence of CGST Act at the time and relying on a Supreme Court precedent.

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