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Punjab and Haryana HC

Extinguishment of right to carry on business not amounts to transfer of capital asset

January 23, 2019 2511 Views 0 comment Print

Non-compete fee received by assessee for signing of negative covenant for not carrying out a speciality business did not amount to transfer of right to carry on business, the consideration of which was liable to be taxed as capital gain.

Seeking info under RTI Act cannot put question mark on integrity of applicant

December 17, 2018 3573 Views 0 comment Print

Pardeep Kumar Vs Union Territory, Chandigarh and others (Punjab and Haryana HC) The order reverting the petitioner is vindictive. The petitioner has absolute right to get the information under the Right to Information Act. Seeking information under the Right to Information Act cannot put question mark on his integrity. The appellate order has also over […]

Bogus billing under GST : HC reject Bails application

December 13, 2018 8787 Views 0 comment Print

They have made bogus billing and adjusted the amount without any transportation of the goods or sale of goods etc. Only paper transactions were done and amounts have been adjusted and wrongly claimed relief of more than Rs. 80 crores.

Release detained goods on furnishing of security other than bank guarantee or cash: P&H HC

October 22, 2018 990 Views 0 comment Print

M/s. Modern Insecticides Limited Vs State Of Punjab And Others (Punjab and Haryana High Court) Section 129(1)(c) of the Act provides that goods can be released on furnishing of security as prescribed. Section 129(2) of the Act provides for application of Section 67(6) of the Act, which in turn has been referred to in Rule […]

Birth/Death Certificates can be applied Under RTI Act: HC

October 5, 2018 13680 Views 0 comment Print

Under the RTI Act, disclosure of information is a norm and refusal an exception. In other words, information cannot be denied under the RTI Act unless exempted from disclosure in accordance with Sections 8, 9 and 11 only. Section 22 as mentioned above leads the way to making the fundamental right to information a reality by enforcing it by simply invoking the provisions of the RTI Act.

Tax Audit Due Date Extension: P&H HC dismisses Appeal

September 25, 2018 4227 Views 0 comment Print

Vishal Garg and others vs Union of India and others (Punjab and Haryana High Court) In respect of Write filed by Mr. Vishal Garg by which he has requested the HC to direct CBDT to extend last date of filing of returns i.e 30th September, 2018 for the assessment year 2018-19 of assessees whose accounts […]

GST on fee paid for grant of license sale of liquor for human consumption; HC dismisses petition

September 12, 2018 588 Views 0 comment Print

Learned counsel for the respondent fairly submitted that he has received instructions to the State that in 26th meeting of GST Council held on 10-3-2018 it has been decided that no GST/Service Tax is leviable on the fee paid for grant of license sale of liquor for human consumption

GST order Cancelling registration is appealable: HC

August 29, 2018 978 Views 0 comment Print

M/s Viraat Traders Vs State of Punjab and others (Punjab and Haryana HC) Challenge in the present writ petition is to the order dated 23.05.2018 passed by Excise and Taxation Officer Ludhiana-3 cancelling the registration of the petitioner under the Punjab Goods and Services Tax Act, 2017 (in short ‘the Punjab GST Act’) It is not […]

P&H HC taken note of non issue of VAT Refund despite Order to refund

August 28, 2018 912 Views 0 comment Print

State is not refunding the amount due to the assessees despite there being orders passed in their favour or otherwise they were found entitled to the same, we direct the Financial Commissioner, Taxation, Punjab to appear in person in Court so that this avoidable litigation can be checked. He shall apprise this Court about the time frame within which refunds due to the assessees will be processed and all pending refund applications will be disposed of and the amount will be paid to the assessees.

No GST on license Fee for sale of liquor for human consumption

August 27, 2018 3681 Views 0 comment Print

Divya Singla Vs Union of India (Punjab and Haryana High Court) The petitioners approached this Court seeking quashing of notice dated 15.05.2017 whereby the respondent asked the petitioner to furnish certain information with reference to levy of service tax on the fee paid for award of license for sale of liquor.  Learned counsel for respondents No.1 to 3 […]

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