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Punjab and Haryana HC

High Court Extends One Time Settlement Time Period allowed by Bank

April 18, 2022 14943 Views 0 comment Print

High Court rules in favor of petitioner Amrik Singh, extending OTS payment deadline. Get insights on the DCB Bank case in Punjab and Haryana High Court

Appointment of Handwriting Expert not needed when Signature on Cheque Is Admitted

March 17, 2022 15321 Views 0 comment Print

Sudhir Kumar Vs Padam Singh (Punjab & Haryana High Court) Petitioner never denied his signatures over the cheque in question in the statement under Section 313 Cr.P.C and instead, the affirmative case set up by the petitioner is that the said cheque had been issued for security purpose. The argument thus sought to be raised […]

Revenue cannot take the plea of transfer of jurisdiction due to GST regime

March 17, 2022 3912 Views 0 comment Print

Commissioner of Central Excise Vs Riba Textiles Limited (Punjab And Haryana High Court) This appeal has been filed against the order passed by Customs, Excise & Services Tax Appellate Tribunal, Chandigarh whereby the respondent has been held to be entitled for interest of refund from the date of deposit and the order whereby the application […]

ITC available on evaporation loss of petrol pumps: HC

March 16, 2022 11913 Views 0 comment Print

Excise and Taxation Commissioner Vs Gupta Brother (Punjab and Haryana High court) Issue –Whether in the facts and circumstances of the case the assessee is entitled to ITC under the provisions of the Act on evaporation/handling losses of the petroleum products? Held – The question is answered in favour of the dealer i.e. assessee shall […]

GST: Mismatch of quantity during roadside checking, cannot be termed as section 129 contravention

March 16, 2022 4998 Views 0 comment Print

Hon’ble Punjab and Haryana High Court in the case of Raghav Metals Vs State of Haryana and others held that the mismatch of quantity during roadside checking, cannot be termed as contravention under section 129 of the CGST/SGST Act, 2017.

HC grants Bail to GST Accused in views of conflicting views on the question of the inclusion or exclusion of the day of remand

March 14, 2022 3114 Views 0 comment Print

Rohit Mehta Vs Superintendent (Preventive) (Punjab and Haryana High Court) The contention on behalf of the respondent- Department is that the day of remand is to be excluded while calculating the sixty days period. In view thereof 28.11.2021 would be the Sixtieth day, the same day the complaint had been filed. The application of the […]

GST: Vehicle owner cannot be foisted with vicarious liability of any mis-declaration/fraud by owner of goods

March 12, 2022 1560 Views 0 comment Print

Court held has held that the principle of vicarious liability can not be extended indefinitely. In the present case also to force the owner of the conveyance to pay the tax, penalty and fine on the goods would mean that the owner of the conveyance is also foisted with the vicarious liability of any mis-declaration/fraud by the owner of the goods despite the proviso engrafted on to Sub Section 2 of Section 130 of the Act.

HC issues notice of Motion- Section 130- Invocation for confiscation of goods & conveyance in transit

March 9, 2022 1731 Views 0 comment Print

Chirag Steel Vs the State of Punjab & Others (Punjab and Haryana High Court) Punjab & Haryana HC issues Notice of Motion to consider whether Section 130 can be invoked for confiscation of goods and conveyance in transit after amendment as the said section has been amended vide Finance Act, 2021 effective from 01.01.2022.   […]

Extension of time for completion of OTS cannot be claimed as right by borrower

March 1, 2022 4986 Views 0 comment Print

Aseem Gaind Vs Axis Bank (Punjab & Haryana High Court) Admittedly, even according to the petitioner, his business has been closed since 2015. The reason for closure of the petitioner’s business is only indicated as ‘unavoidable and unforeseen circumstances’, and no particulars are forthcoming. The illness of petitioner’s father is also admittedly during the period […]

No payment of fine in lieu of confiscation of goods required where owner of conveyance is seeking only release of vehicle

February 24, 2022 2118 Views 0 comment Print

Vijay Mamgain Vs State of Haryana & ors. (Punjab & Haryana High Court) No payment of fine in lieu of confiscation of goods required where the owner of the conveyance is seeking only release of vehicle. Brief Facts: In the present case, goods and conveyance were confiscated by the Tax Authorities during transit as the […]

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