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Punjab and Haryana HC

DRI not a ‘Proper Officer’ to issue Show Cause Notice under Customs Act, 1962

October 29, 2021 4899 Views 0 comment Print

In present facts of the case the Hon’ble High Court relied on the Judgment of M/s Canon India and have observed that Joint/Additional Director (in short “DRI”) is not the ‘proper officer’ to issue show cause notice under Section 28(4) of Customs Act, 1962.

HC allows provisional release of goods detained by Custom Dept for re-export

October 29, 2021 1167 Views 0 comment Print

Modern Insecticides Limited Vs Commissioner of Customs and others (Punjab and Haryana High Court) In the present case, it has come on record that the samples with respect to the goods in question have already been taken by the Authorities. Moreover, the petitioner is a 100% export-oriented unit and thus, any difference in the declaration […]

HC orders CBI inquiry against erring officers of Customs & Anti-Evasion Unit

October 16, 2021 1992 Views 0 comment Print

Punjab HC initiated CBI enquiry to fix liability of erring Customs Department and Anti Evasion GST Units in respect of clearing of Consignment without making any entry.

When personal appearance can be insisted under GST Law: HC issues notice on Plea

October 13, 2021 1017 Views 0 comment Print

Vineeet Kumar Vs Union of India (Punjab and Haryana High Court) The precise contention of the learned counsel for the petitioner is that while appearing in response to a notice under Section 70 of the Central Goods and Services Tax Act, 2017 (for short the CGST Act), Section 116 of the CGST Act permits the […]

HC grant Bail to person accused of issuing Fake Invoices & availing bogus ITC

October 10, 2021 1950 Views 0 comment Print

Appellant is alleged of having availed Input Tax Credit amounting to Rs.15.44 crores on the basis of invoices issued by such non-existent/fake firms without movement of goods, alleged to have been transported by such fake/non-existent transporters, and on the basis of corresponding transport receipts being included in their record for claiming the said benefit.

P&H HC allow Spicejet to pay GST dues in installment

August 17, 2021 1257 Views 0 comment Print

Current writ petition has been filed by SpiceJet Limited (Petitioner) to quash the Notice bearing No. 1273, ETO/W-1/GGM (North) dated July 27, 2021 which provided to the Petitioner to discharge its statutory tax dues.

HC Court directs GST dept to consider ‘Spicejet’ Plea of paying GST dues in Installments

August 17, 2021 903 Views 0 comment Print

Spicejet Limited Vs Excise And Taxation Officer Cum Proper Officer (Punjab & Haryana High Court) 1. This petition has been filed under Article 226 and 227 of the Constitution of India for quashing the notice bearing No. 1273, ETO/W-1/ GGM (North) dated 27.07.2021 (Annexure P1) to discharge its statutory tax dues, or in alternate direct […]

Alleged Wrongful input tax credit : HC dismisses Plea for anticipatory bail

August 15, 2021 888 Views 0 comment Print

Hema Garg and another Vs State of Haryana and another (Punjab & Haryana High Court) It is submitted that in the instant case, the petitioners are praying for anticipatory bail, in response to the notices issued by the respondents-Department, just in the shape of demand in form GST DRC-01A with an advice to pay the […]

HC refuses anticipatory bail to wife of accused in GST Scam

June 17, 2021 762 Views 0 comment Print

Prime facie, there are serious and specific allegations leveled against the petitioner in the FIR in question for which her custodial interrogation would be imperative, more so, since she allegedly removed crucial documents having a direct link with the proceedings, which were pending against her and her husband under the CGST Act.

Grant of anticipatory bail was rejected to persons accused of money laundering worth Rs. 220 Cr

June 2, 2021 2073 Views 0 comment Print

Jagadish Nangineni Vs Directorate of Enforcement (Punjab and Haryana High Court) Conclusion: Since ED alleged that both assessees were actively involved in the planning and execution of all the transactions involving repeated transfer of funds and were accused of serious economic offences, therefore, grant of anticipatory bail to assessees at this stage would certainly result […]

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