Telangana High Court

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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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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Life tax payable on Invoice Value of Vehicle & not on ex Showroom price

M/s Millennium Infra & Reality Projects Pvt. Ltd. Vs State of Telangana (Telangana High Court)

State cannot be allowed to levy life tax on the ex-showroom price shown in the price list, when it is not the actual cost of the vehicle and the life tax has to be levied on the actual cost of the vehicle as paid by the purchaser of the vehicle which can be reflected from the invoice....

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Interest on Gross amount without Allowing ITC- HC stays Interest Recovery

M/s. Megha Engineering and Infrastructures Ltd. Vs Commissioner of Central Tax (Telangana High Court)

In the case of Megha Engineering and Infrastructures Ltd. High Court has directed that to GST Department that in the event interest is not paid under Section 50 thereof, there shall be a direction to respondent to not to initiate any coercive action against the petitioner until further orders....

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GST: HC Stays against attachment of Bank A/c without any notice

Raghava Constructions Vs The Union of India (Telangana High Court)

Raghava Constructions Vs Union of India (Telangana High Court) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to stay the proceedings of letter C.No. V/04/06/2019-Arrears, dated 31.07.2019, issued by 2nd respondent, pending dispo...

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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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Arrest / coercive action before GST Assessment not prohibited: HC

VS Ferrous Enterprise Private Limited Vs. Union of India (Telangana High Court)

When the very arrest of the petitioners is not prohibited prior to the completion of the assessment, any coercive action lesser than arrest, can not also be said to be prohibited....

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Transitional ITC of VAT allowable, despite non availment of option to claim its refund under VAT law

M/s. Magma Fincorp Limited Vs. State of Telangana (Telangana High Court)

Once it is admitted that credit was available to the petitioner on the date of switch over from VAT regime to GST regime and once it is admitted that the petitioner may be entitled to make a claim for this credit in other modes, we think that the second respondent ought to have given a purposive interpretation to Section 140 of the Act re...

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