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Punjab and Haryana HC

GST: HC denies bail in view of enormity of scam & colossal loss caused to State exchequer

February 25, 2020 633 Views 0 comment Print

Rajesh and another Vs State of Haryana (Punjab and Haryana High Court) The FIR in question was lodged at the instance of ASI Vinod Kumar wherein it has been alleged that on 4.6.2019 when he along with other police officials was present near grain market bridge for the purpose of patrolling, then a secret information […]

Attachment of bank account by GST Authorities- Important Judgments

February 18, 2020 16554 Views 0 comment Print

Extract of Section 82 and 83 of CGST Act, 2017 Tax to be First Charge on Property  82. Notwithstanding anything to the contrary contained in any law for the time being in force, save as otherwise provided in the Insolvency and Bankruptcy Code, 2016, any amount payable by a taxable person or any other person […]

HC limits Bank Account attachment to amount lying to the credit on the date of attachment

February 18, 2020 2064 Views 0 comment Print

The bank attachment would be limited to the amounts which were lying to the credit of the petitioner in CC A/c, at the time of freezing and any further credit which may come would not be under attachment.

No Tax on Interest accrued on Govt grant received for construction of house for Police

February 3, 2020 2919 Views 0 comment Print

Income which accrued to the Assessee from the funds of the Government which were released to it were not diverted by it and could not be diverted by to any other purpose and had to be used only for the purposes which the Government directed and in case the funds were not used the Government had the right to recall them.

Order permitting to file Form TRAN-1′ by extended date not amenable to review

February 3, 2020 591 Views 0 comment Print

Mahesh Steel Corporation Vs Union of India (Punjab and Haryana HC) FULL TEXT OF THE JUDGMENT/ORDER OF PUNJAB AND HARYANA HIGH COURT [1]  This common order shall dispose of the above-mentioned seven (07) Review Applications moved by the applicant-respondent(s) / UOI, as the same relate to identical issue / prayer. For the facility of reference, […]

No Recourse with Revenue to Reconsider Similar Facts & Evidences

January 28, 2020 801 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 1704 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 7947 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 3027 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 1356 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.

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