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Punjab and Haryana HC

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

August 15, 2021 1116 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 978 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 2379 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 […]

Court grants bail under PMLA as it had reason to believe that accused was not guilty

June 2, 2021 2997 Views 0 comment Print

While before grant of bail the Public Prosecutor was required to be given an opportunity to oppose the plea for bail and that where the Public Prosecutor opposed such plea the Court could order release of the accused on bail only after recording a satisfaction that there were reasonable grounds for believing that the person to be released was not guilty of the offence he was accused of and that while on bail he was not likely to commit any offence.

Department should not have attached bank account once it came to know of appeal with mandatory pre-deposit

May 28, 2021 1524 Views 0 comment Print

J.S. Grover Autos Pvt. Ltd. Vs Commissioner of Central Goods & Services Tax (Punjab & Haryana High Court) It is undisputed fact that petitioner has filed an appeal before First Appellate Authority against the assessment order, whereby demand was created. It is also undisputed that Board Circulars are binding on department and as per Circular […]

HC grants Interim Bail to Person accused of wrongful ITC availment

May 27, 2021 879 Views 0 comment Print

Seema Jain Vs Joint Commissioner Central Goods And Service Tax Ludhiana (Punjab & Haryana High Court) FULL TEXT OF THE JUDGMENT/ORDER OF PUNJAB AND HARYANA HIGH COURT Prayer in this petition is for grant of anticipatory bail to the petitioner for offences under Section 132 (1) (b) & (c) punishable under Section 132 (1) (i) […]

HC quashes decade old SCN proposing to recover deficit in excise duty payment

May 17, 2021 1713 Views 0 comment Print

Swati Menthol & Allied Chemicals Ltd. and Anr. Vs Commissioner GST & Central Excise (Punjab and Haryana High Court) We find that the notices in the present cases having been issued more than decade back and the proceedings having not been concluded within reasonable time, the same deserves to be quashed. The subject matter in […]

15% NOT 24% interest Payable when Service Tax was not collected

April 22, 2021 12903 Views 0 comment Print

Bala Ji Manpower Services Vs. Union of India & others (High Court Of Punjab & Haryana) The only question that requires adjudication is at what rate petitioner is liable to pay interest i.e. 15% or 24%. Admittedly, the petitioner firm started its service after completing registration formalities in July, 2011 and the respondents have calculated […]

HC allows Interim release of goods as petitioner already paid Tax & Penalty

April 9, 2021 915 Views 0 comment Print

Mahakali Transport Vs State of Punjab (Punjab High Court) FULL TEXT OF THE JUDGMENT/ORDER OF PUNJAB AND HARYANA HIGH COURT The resolution is not clear as to how the interim release of the goods can be given as at the time of filing of the appeal, the petitioner has deposited the entire 100% of the […]

HC denies Bail in alleged Rs. 18 Crore fake Input Tax Credit Case

March 24, 2021 1584 Views 0 comment Print

Mohit Bathla Vs Central Goods And Service Tax Division Panipat (Punjab & Haryana High Court) Learned senior counsel for the petitioner has reiterated the arguments that on an earlier occasion, when the record of the petitioner was verified on 14.10.2020, a specific note was made by the Assistant Commissioner, CGST, that e-Way bill and transport […]

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