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Telangana High Court

HC grants Bail to Former GST Official in Disproportionate assets case

June 3, 2021 2736 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: Telangana HC

June 2, 2021 7053 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 9006 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 3354 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 1230 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 3036 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 1020 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 1839 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.

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

April 19, 2021 1659 Views 0 comment Print

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 material filed by petitioner before […]

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

April 9, 2021 1287 Views 0 comment Print

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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