Telangana High Court

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

Golden Mesh Industries Vs ACST (Telangana High Court)

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...

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

Axis Wind Farms (Anantapur) Private Limited Vs Union of India (Telangana High Court)

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....

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

SEW Infrastructure Limited Vs Director General of GST Intelligence DGGI (Telangana High Court)

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 Co...

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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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