Telangana High Court

No Set Formula for Offloading Consignment Truck: Telangana HC

Vijay Metal Vs Deputy Commercial Tax officer (Telangana High Court)

Vijay Metal Vs Deputy Commercial Tax officer (Telangana High Court) 1. The point that Hyderabad comes first and Adoni comes later; ignoring the operational convenience of the transporter; is not justifiable.  HC not accepted the contention of the officer that even if the goods meant to be delivered at Adoni were loaded on top of [&hellip...

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Cenvat Credit cannot be denied for demand Under Section 11A

The Commissioner Vs DRD Body Techs India Pvt.Ltd (Telangana High Court)

Rule 8(3A) applied to cases where assessee had defaulted in payment of excise duty beyond 30 days from the due date and it did not apply to every case where in the department, during the scrutiny of returns, during audit or during investigation found any additional amount payable as duty of excise. Tribunal had given cogent reasons for it...

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HC imposes cost for passing order without considering material filed by petitioner

Akzo Nobel India Limited Vs Commercial Tax Officer (Telangana High Court)

Akzo Nobel India Limited Vs Commercial Tax Officer (Telangana High Court) Commercial Tax Officer shall pay costs of Rs.25,000/- (Rupees Twenty Five Thousand only) to the petitioner, which shall be recovered from the salary of the 1st respondent, and disciplinary action shall be initiated against 1st respondent for non-consideration of mat...

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CST Assessment without giving sufficient opportunity is invalid; HC imposes Cost

Spacewood Furnishers Pvt. Ltd. State of Telangana (Telangana High Court)

Spacewood Furnishers Pvt. Ltd. State of Telangana (Telangana High Court) In the last one year, we have noticed at least 200 cases where the Assessing Officer under the CST Act has not issued show cause notice or if they issued notice, they have not considered the response of the assessees, and mechanically confirmed the demand […]...

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Existence of alternate remedy not a bar for HC in exercise of power under Article 226

GVPR Engineers Limited Vs Union of India (Telangana High Court)

Where there was non-consideration of material evidence by a statutory authority, judicial review by the High Court in exercise of it’s power under Art.226 of the Constitution of India is permissible, and existence of alternative remedy is not a bar for exercise of such power. ...

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HC directs IT dept to Refund Seized Cash with 12% interest

Mectec Vs Director of Income Tax Investigation (Telangana High Court)

Telangana High Court held that the action of the respondents in conducting panchanama dt.28.08.2019 and seizing cash of Rs.5.00 crores from Vipul Kumar Patel, employee of the petitioner in W.P.No.23023 of 2019, and retaining it till date, is illegal and ultra vires the provisions of the Income Tax Act, 1961 and also violative of Art.14...

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Declaring a person ‘fraud’ & ‘willful defaulter’ without giving a chance to explain or Challenge is Invalid

Rajesh Agrarwal Vs Reserve Bank of India (Telangana High Court)

Rajesh Agrarwal Vs Reserve Bank of India (Telangana High Court) Aggrieved by the non-inclusion of principles of natural justice in the Master Directions on Fraud (‘the Master Circular’, for short), dated 01.07.2016, issued under Section 35A of the Banking Regulation Act, 1949 by the Reserve Bank of India, aggrieved by the decision of ...

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Fake ITC & GST Bill case: HC refuses to grant Bail

Neeraj Karande Vs Directorate General of GST Intelligence (Telangana High Court)

Neeraj Karande Vs Directorate General of GST Intelligence (Telangana High Court) In view of the above rival submissions, the allegations against the petitioner are that he has collected and issued invoices or bills without actual supply of goods in violation of the provisions of the CGST Act and the rules made thereunder leading to wrongf...

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No Privacy right violation when matter already in Public Domain- HC allows release of Telugu film ‘Murder’

Ramgopal Varma and Another Vs Perumalla Amrutha (Telangana High Court)

Ramgopal Varma and Another Vs Perumalla Amrutha (Telangana High Court) No doubt a person undoubtedly has a right to privacy in relation to her family, marriage, procreation, motherhood and child-bearing and none can publish anything concerned with these matters without his/her consent. Yet, there is an exception to the said rule i.e., tha...

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GST Officials Cannot Use Physical Violence: HC

Agarwal Foundries Private Limited Rama Towers Vs Union of India (Telangana High Court)

Agarwal Foundries Private Limited Rama Towers Vs Union of India (Telangana High Court) No provision of any law is cited before us by the respondents to say that they are entitled to use physical violence against persons they suspect of being guilty of tax evasion while discharging their duties under the CGST Act, 2017. Merely […]...

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