Telangana High Court

Stay rejection without considering contentions of petitioner is invalid

Digi Cable Network India Ltd. Vs S. Krishna Murthy (Telangana High Court)

The issue under consideration is whether the Entertainment Tax will be levied on Master System Cable Operator?...

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Not allowing personal hearing to petitioner violates principles of natural justice

CSK Realtors Limited Vs ACST (Telangana High Court)

CSK Realtors Limited Vs ACST (Telangana High Court) The court is of the opinion that the opinion that the 1st respondent ought to have provided a personal hearing to the petitioner, since the petitioner requested for it specifically in its objections dt.18.02.2020 filed by it to the show cause notice issued on 31.01.2020 to it […]...

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Order passed by ignoring Material Contention of Petitioner is Unsustainable

Sany Heavy Industry India Private Limited Vs State Tax Officer (Telangana High Court)

The issue under consideration is whether without considering the reply submitted by the petitioner, the respondent has passed the order is justified in law?...

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Dealer not obligated to pay penalty at 15% | Section 74(5) | CGST Act 2017

D. Rama Kotiah And Co. Vs State of Andhra Pradesh (Telangana High Court)

Section 74(5) of the Act merely enables the petitioner to pay penalty at 15% on his own accord, in which event the assessing authority cannot thereafter issue a notice seeking recovery of the balance 85% penalty (i.e., penalty equivalent to the tax specified in the no­tice)....

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GST Refund cannot be withheld for ‘Want of Cross-Verification Details’

ACC Limited Vs Asst Commissioner CT (Telangana High Court)

In our opinion, this action of the respondents is also violative of Art.14,19,265 and 300-A of the Constitution of India. The respondents cannot be permitted to take advantage of their own negligence, assuming that the Demand drafts handed over by the petitioner, were not presented and encashed by the respondents....

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HC allows SBI Bank to claim priority over I-T Refund credited to Defaulter company

State Bank of India Vs Union of India (Hyderabad High Court)

Claim of SBI on income tax refund credited in the the defaulters’ bank account with it would get priority over the government dues including the service tax dues as per section 31-B of the Recovery of Debts and Bankruptcy Act, 1993 and sec. 26E of the SARFAESI Act,2002 w.e.f.1.9.2016....

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Goods cannot be detained merely because driver has taken a different route

Commercial Steel Company v. Assistant Commissioner of State Tax (Telangana High Court)

Detention of goods on the ground that the vehicle took a different route or reached wrong destination- The High Court observed that allegation of ‘wrong destination’ or that the driver has taken a different route is not a ground to detain the vehicle carrying the goods or levy tax or penalty. It was held that the fact that the vehicle...

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Income tax returns are public documents & can be summoned by Court

Pragati Green Meadows and Resorts Ltd. Vs M. Praneetha (Telangana High Court)

Income tax returns are public documents and they can be summoned by the Court. If same are produced before the Court , the same does not result in violation of Article 21 of Constitution of India, as they are Government documents and are accessible to others....

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Refund service tax paid, which was not actually payable: HC

Vasudha Bommireddy Vs Assistant Commissioner of Service Tax (Telangana High Court)

Assessee was entitled to claim refund of service tax on composite contract of immovable property including value of land as merely because assessee made the payment, it would not partake the character of service tax and the department could not retain the amount paid by assessee which was in fact not payable by them....

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Demand of duty and interest when delay on part of authorities processing necessary redemption certificate

Hetero Labs Limited Vs Assistant Commissioner (Telangana High Court)

Hetero Labs Limited Vs Assistant Commissioner (Telangana High Court) Demand of duty and interest when delay on part of authorities processing necessary redemption certificate: The assessee was exempted from payment of customs duty by Notification No. 96/2009-Cus. subject to condition that evidence of discharge of export obligation was pro...

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