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Punjab and Haryana HC

Scope & ambit of intermediary service is same under service tax & GST regime

November 14, 2022 1959 Views 0 comment Print

HC held that there is no change in legal position i.e. scope and ambit of intermediary services under service tax regime vis-a-vis the GST regime hence Master Services Sub-contracting agreement which continues to operate since 2013 cannot be treated differently at different period.

HC grants bail to petitioner weighing 153 Kg & having co-morbodities

November 14, 2022 735 Views 0 comment Print

Punjab and Haryana High Court held that bail granted as co-morbodities of the petitioner falls in the exception of being sick as carved out in Section 45 of the Prevention of Money Laundering Act, 2002.

HC explains time limit for making application for revocation of GST cancellation

November 8, 2022 2910 Views 0 comment Print

Neo Built through its proprietor Vs ETO-cum-Proper Officer and another  (Punjab and Haryana High Court) For the purpose of calculating the period of thirty days for filing application for revocation of cancellation of registration under sub-section (1) of section 30 of the Act and where cancellation order was passed upto 12.06.2020, the later of the […]

GST ITC refund Scam: HC grants Bail to Gurugram CA

October 13, 2022 7131 Views 0 comment Print

In the present case, he had been paid professional fee for uploading of the refund of Input Tax Credit. The petitioner and his co-accused Sunil Mahalawat were colleagues, as such the UDIN was borrowed by the petitioner from him for uploading and issuance of the CA certificate.

Look Out Circular unjustified in absence of adverse effect on economic interest of India

October 12, 2022 4056 Views 0 comment Print

Punjab and Haryana High Court held that as there is no adverse effect on the economic interest of India, recourse couldnt be taken for coercive process like issuance of Look Out Circular (LOC) interfering with the constitutional right to travel abroad.

Validity & legality of an order has to be tested in terms of reasons assigned in order

September 18, 2022 1116 Views 0 comment Print

It is by now well settled that the validity and legality of an order has to be tested in terms of reasons assigned in the order itself. The distinction that is now sought to be drawn has been taken only at the stage of filing a reply and counter to the writ petition.

GST: Custodial Interrogation justified in Massive Tax Evasion/Cheating Cases

September 14, 2022 1065 Views 0 comment Print

Nitin Goyal Vs State of Haryana (Punjab and Haryana High Court) The allegations against the petitioner are of cheating the State by claiming input credit through fake invoices by using fake addresses of the firms created through different proprietors and defrauded the State to the extent of more than Rs. One crore. A perusal of […]

Cheque Bounce Case- Sole Proprietor alone cannot be sued

September 14, 2022 20610 Views 0 comment Print

In cheque Bounce case arraigning of the sole proprietary concern rather was a condition precedent for making the complaint well constituted, as it becomes the principal offender, and, with its remaining un-impleaded, as such, the absence of its impleadment cannot make the instant complaint to be well constituted, nor, any valid prosecution can in its absence, be drawn, even against the accused petitioner, who can be assigned only a vicarious liability alongwith it.

Bail granted in GST fraud case in absence of serious apprehension

August 31, 2022 3042 Views 0 comment Print

Punjab & Haryana High Court in GST fraud case granted the bail as no serious apprehension has been expressed by the prosecution of the petitioners being flight risks, or that they would tamper with the evidence or influence witnesses

Punjab and Haryana HC stays Section 148 Notice & Section 148A(d) order

August 27, 2022 5589 Views 0 comment Print

Challenge in writ petition before Punjab and Haryana High Court was to Notice under section 148 and subsequent order under section 148-A(d)  as well as CBDT Instructions No.1 of 2022 dated 11.05.2022.

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