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Punjab and Haryana HC

No Recourse with Revenue to Reconsider Similar Facts & Evidences

January 28, 2020 642 Views 0 comment Print

The issue under consideration is whether the re-opening of assessment is justified if it is based on the similar issues and evidences which have been already considered in original assessment?

HC denies Bail for alleged Fake GST Invoicing / Bogus ITC Claim

January 23, 2020 1521 Views 0 comment Print

Punjab HC refuses to grant Bail in the case where petitioner was alleged to create fake invoices in order to avail the benefits under Input Tax Credit (ITC). Sanjay Dhingra Vs DG GSTI (Punjab and Haryana High Court)

Exercise Power to attached bank A/c only to protect interest of revenue

December 20, 2019 7548 Views 0 comment Print

Bindal Smelting Pvt. Ltd. Vs Additional Director General, Directorate General of GST Intelligence (Punjab & Haryana High Court) In the given case the petitioner is manufacturing lead ingots, red oxide and grey oxide. On 27.03.2018, officials of Respondent/GST Directorate searched premises of the Petitioner and during search seized record. The Respondent time to time directed […]

HC allows filing of TRAN-1 to appellant to allow him avail un-utilized ITC

December 16, 2019 2844 Views 0 comment Print

It is clarified that in case the petitioner is hampered in any manner from availing the benefit of aforesaid judgment, due to non opening of the Portal by the Respondents, then the petitioner shall be permitted, in the alternative to claim the benefit of unutilized credit in their GST-3B Forms to be filed for the month of January,2020 either electronically or manually.

Allow petitioner to claim ITC in TRAN-I or in GSTR-3B Form: HC

December 16, 2019 1170 Views 0 comment Print

It is clarified that in case the petitioner is hampered in any manner from availing the benefit of aforesaid judgment, due to non opening of the Portal by the Respondents, then the petitioner shall be permitted, in the alternative to claim the benefit of unutilized credit in their GSTR-3B Forms to be filed for the month of January, 2020 either electronically or manually.

Permit petitioner to file or revise already filed incorrect TRAN-1: HC

November 25, 2019 996 Views 0 comment Print

Silicon Constructions Pvt. Ltd. Vs Union of India and others (Punjab and Haryana HC) The prayer made in the writ petition is inter alia seeking directions to the respondents to credit the ‘Input Tax Credit’, being the transitional credit, prescribed under Section 140 of the Central Goods and Service Tax Act, 2017, in the account […]

CA/ Advocates should not be arrested merely for filing Tax return(s)

November 15, 2019 17952 Views 0 comment Print

Similarly, arrest of Chartered Accountant or Advocates who had filed returns or otherwise assisted in business but are not beneficiary or part of fraud merely on the basis of statement without any corroborative evidence linking the professional with alleged offence should be avoided. It is well known that if top brass of a running concern is arrested, there are all possibilities of closure of unit which results into unemployment and wastage of precious natural resources.

HC takes note of Huge Pendency at CESTAT Chandigarh due to non availability of Member Technical

November 7, 2019 915 Views 0 comment Print

We request the learned President of CESTAT, Principal Bench, New Delhi to initiate some remedial measures by deputing a Member Technical for atleast two weeks during a month to hold Court at Chandigarh Bench so that the Divisional Bench, CESTAT, Chandigarh Bench can function for reducing the pendency.

Compulsory Registration of MFD (Printer Cum Scanner etc) for Import- HC allowed release of goods

November 5, 2019 2469 Views 0 comment Print

The issue in these writ petitions is whether multi-function devices (MFDs) are covered under the term ‘printers’. This dispute has arisen in view of the document Annexure P-12 by a clarification which was issued by way of Circular No.1 of 2019 dated 2.5.2019 as per which it was ‘clarified’ that multi-function devices which are basically printers with additional features like photocopy, scan, fax etc. are covered within the ambit of ‘printers’.

HC allows revision of claim of Transitional Credit (Form TRAN-1)

November 4, 2019 29565 Views 2 comments Print

GST dept to permit the Assessee to file or revise where already filed incorrect TRAN-1 either electronically or manually statutory Form(s) TRAN-1 on or before 30th November 2019. The Respondents are at liberty to verify genuineness of claim of Petitioners but nobody shall be denied to carry forward legitimate claim of CENVAT/ITC on the ground of non-filing of TRAN-I by 27.12.2017.

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