Telangana High Court

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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Mere noticing Conveyance at Wrong Destination Can’t Said to be a Contravention of CGST Act

Sree Rama Steels Vs Deputy State Tax Officer & 3 Others (Telangana High Court)

The issue under consideration is whether ‘Noticing the conveyance at a wrong destination’ without anything more can be said to be a contravention of the CGST Act?...

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Provisional attachment of Bank Account valid upto 1 year: Telangana HC

KMC Constructions Ltd. and Anr. vs. Principal Commissioner of Central Tax and 4 Ors. (Telangana High Court)

Telangana High Court directs the bank to allow petitioner to operate bank account provisionally attached by Revenue. Provisional attachment order cannot continue after the expiry of one year. Continuation as such would be violative of Articles 14, 19(1)(g) and 300A of the Constitution of India and would be wholly without jurisdiction....

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No illegality on Transport of Goods from one place of Business to other

Same Deutzfahr India P Ltd Vs State of Telangana (Telangana High Court)

Same Deutzfahr India P Ltd Vs State of Telangana (Telangana High Court) Once it is clear that petitioner has additional place of business in the State of Telangana in Bongulur village, Ibrahimpatnam Mandal and the goods were being transported to that address from its Corporate office at Ranipet, Tamil Nadu State, it cannot be said [&helli...

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No taxable event under GST on mere inter-State transfer of goods – HC directs refund of Tax & Penalty

Same Deutzfahr India P Ltd Vs State of Telangana (Telangana High Court)

Same Deutzfahr India P Ltd Vs State of Telangana (Telangana High Court) Once it is clear that petitioner has additional place of business in the State of Telangana in Bongulur village, Ibrahimpatnam Mandal and the goods were being transported to that address from its Corporate office at Ranipet, Tamil Nadu State, it cannot be said [&helli...

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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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No presumption that delay in approaching Court is always deliberate

Thunuguntia Jagan Mohan Rao Vs DCIT (Telangana High Court)

Thunuguntia Jagan Mohan Rao Vs DCIT (Telangana High Court) The issue under consideration is whether rejection of application of condonation of delay by the ITAT is justified in law? High Court states that, it held that there is no presumption that delay in approaching the Court is always deliberate and the words ‘sufficient cause...

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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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