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Telangana High Court

Extended period of limitation not invocable against NRSA

June 14, 2021 1422 Views 0 comment Print

Commissioner Vs National Remote Sensing Agency (Telangana High Court) the only issue which this Court is now required to consider is as to whether the respondent-NRSA had any intent to evade service tax on its activities during the period 16.07.2001 to 31.03.2005 and on advances received during the period 16.06.2005 to 31.12.2005, justifying the action […]

No criminal prosecution on same allegations if departmental proceedings ended in favour of accused

June 10, 2021 3528 Views 0 comment Print

The standard of proof in criminal proceedings was higher than the standard of proof in civil/departmental proceedings. In a reverse case, where criminal proceedings ended in acquittal but simultaneous departmental proceedings continued, the result of the criminal proceedings would not have any bearing on the departmental proceedings, as judgment of the criminal Court was not binding in civil or departmental proceedings.

HC grants Bail to Former GST Official in Disproportionate assets case

June 3, 2021 2286 Views 0 comment Print

B. Sreenivasa Gandhi Vs Inspector of Police (Telangana High Court) This Criminal Petition, under Sections 437 and 439 of the Code of Criminal Procedure, 1,973, is filed by the petitioner/A-1 seeking to grant bail to him in connection with F.I.R.No.RC 10 (A)/201,9, dated 08.09.2019 of C.B.I., A.C.B., Hyderabad, which was registered against him for the offences […]

No Tax Evasion on Mere Non-Extension of Validity of E-Way Bill

June 2, 2021 6474 Views 0 comment Print

2nd respondent in not even adverting to the response given by petitioner to the Form GST MOV-07 in Form GST MOV – 09, and his deliberate intention to treat the validity of the expiry on the e-way bill as amounting to evasion of tax without any evidence of such evasion of tax by the petitioner.

HC quashes PMLA proceedings filed before CBI as it would lead to abuse of process of Court

June 2, 2021 8400 Views 0 comment Print

Since there was no material to proceed against assessee under Sections 3 and 4 of Prevention of Money Laundering Act, 2002 and High Court should quash the proceedings if it came to the conclusion that allowing the proceedings to continue, would be an abuse of the process of the Court and that the ends of justice required that the proceedings be required to be quashed.

Methodology adopted under best judgment assessment order without following any principle is arbitrary

May 26, 2021 2739 Views 0 comment Print

HC set aside the best judgment assessment order passed for non-compliance with the request to file GSTR-3B return, by the Assistant Commissioner under Section 62 of the Central Goods and Services Tax Act, 2017

HC stays Faceless Assessment order passed without personal hearing despite request for same

April 30, 2021 1032 Views 0 comment Print

Axis Wind Farms (Anantapur) Private Limited Vs Union of India (Telangana High Court) Petitioner contends that the impugned Assessment Order has been passed by 2nd respondent for the Assessment Year 2018-19 without providing a personal hearing to the petitioner and without considering the documentary evidence provided by petitioner. Sri B.Narasimha Sarma, learned Special Senior Counsel […]

No Set Formula for Offloading Consignment Truck: Telangana HC

April 28, 2021 2415 Views 1 comment Print

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 […]

Delay in Tax refund: HC Restrains authorities from declaring company as defaulter under SVLDR Scheme

April 28, 2021 735 Views 0 comment Print

The respective authorities was restrained from declaring Company as a defaulter under the SVLDR Scheme and from from taking any coercive action against the Directors, Officials of company as the Income Tax department did not release the refund due to assessee and therefore, assessee could not pay the amount determined by the Designated Committee under the SVLDRS.

Cenvat Credit cannot be denied for demand Under Section 11A

April 22, 2021 1488 Views 0 comment Print

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 its finding that assessee’s case was a case of demand under Section 11A and was not covered by Rule 8(3A) and the Revenue was not correct in denying utilization of Cenvat Credit to the assessee by applying the said sub-rule.

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