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Punjab and Haryana HC

A person not become ineligible for SVLDR Scheme due to any inquiry /audit/investigation initiated after 01.09.2019

January 21, 2021 1074 Views 0 comment Print

Pro Sportify Private Limited Vs Principal Commissioner, Central Goods and Services Tax (Punjab and Haryana High Court) The Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 came into force w.e.f. 01.09.2019, thus any enquiry/audit/investigation initiated after aforesaid date cannot make any person ineligible because period running from 01.09.2019 to 31.12.2019 is meant for filing application and […]

Section 83 attachment order cannot be passed by Assistant Commissioner

January 18, 2021 1530 Views 0 comment Print

Himanshu Infraprojects Pvt. Ltd. Vs Commissioner, Central Goods & Services Tax (Punjab & Haryana High Court) In the present case Section 83 order was passed by the Assistant Commissioner.  As per the counsel for the respondents the order itself reveals that it was passed with the consent of the Commissioner. However, this would not be […]

Certificate under section 65B of Indian Evidence Act required when reliance is placed on Whatsapp messages

January 14, 2021 5334 Views 1 comment Print

Rakesh Kumar Singla Vs Union of India (Punjab & Haryana High Court) Learned counsel for the NCB has also placed reliance on Whatsapp messages by which the petitioner could be implicated. However, on the asking of this Court, whether a certificate under Section 65B of the Indian Evidence Act is available at the present moment […]

GST on Mining under HC Scanner

December 9, 2020 1794 Views 0 comment Print

Mahadev Enclave Pvt Ltd Vs. Union Of India And Ors (High Court of Punjab & Haryana) Punjab & Haryana HC issued notice of motion on plea challenging validity of levy of tax on the payment of royalty made to the Govt. of Punjab for mineral rights under reverse charge mechanism The petitioner, M/s Mahadev Enclave […]

HC directs dept to issue refund of unutilized Input Tax Credit

November 23, 2020 2016 Views 0 comment Print

Vinod Oil and General Mills Vs Union of India and others (Punjab & Haryana High Court) According to the Petitioner, despite applying for refund of unutilized Input Tax Credit amounting to Rs. 14,21,479/- accumulated on account of inverted tax structure, in form RFD-01, under Section 54 (3) (b) of the Central Goods and Service Tax […]

HC allows Appeal under PVAT on deposit of 10% total demand instead of 25%

November 2, 2020 2475 Views 0 comment Print

Kelmar (India) Exports Vs State of Punjab and others (Punjab and Haryana High Court) Admittedly, the first appeal was filed by the petitioner along with an application for waiving off pre-deposit amount of 25%. The appeal was dismissed by the Deputy Excise and Taxation Commissioner (Admin), Ludhiana Division, Ludhiana on the ground that the petitioner […]

HC Grant Regular Bail to Petitioner accused of Fraudulently availing ITC

October 28, 2020 1176 Views 0 comment Print

The present petition is filed for seeking bail to the petitioner accused of fraudulently availing ITC without any invoice or bill. The trial will take time to conclude, especially due to prevailing situation of Covid-19. Thus, the petition is allowed and the petitioner is ordered to be released on regular bail.

P&H High Court granted partial relief for deposit of 25% as pre-deposit

October 13, 2020 2379 Views 0 comment Print

Technimont Pvt. Ltd. Vs State of Punjab (Punjab High Court) On perusal of terms and conditions of contract, documents submitted by petitioner including Form ‘C’ and judgments cited, we are of the opinion that petitioner has prime facie case on merits. The respondent issued Form ‘C’ for all the years in question and in case […]

Undue Favour To Plaintiffs’: HC Seeks Explanation From District Judge

October 9, 2020 1536 Views 0 comment Print

State Bank of India Vs Neeraj Saluja and others (Punjab And Haryana High Court) High Court held that  It is not understandable as to why the District Judge/Appellate Court is adjourning the appeal despite the fact that the suit stands dismissed for non-prosecution on 29.11.2019 and the plaintiffs on both counts are seeking adjournments and […]

HC rejects Anticipatory Bail plea of Excise Officer in alleged gratification case

September 22, 2020 909 Views 0 comment Print

Sushil Kumar Vs. State of Punjab (Punjab High Court) There is no quibble that the liberty of a person is of utmost importance. But when personal liberty is pitted against a sovereign function i.e. collection of tax which is life blood of the economy, the latter would prevail. Present is a case where arrest is […]

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