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Tripura High Court

Hc releases Ambulances which were detained for not having E-way bill

July 28, 2021 4917 Views 0 comment Print

East India InfoTech Pvt. Ltd. Vs State of Tripura (Tripura High Court) Considering the prime defence of the petitioner that he is not a registered dealer nor is he dealing in purchase and sale of vehicles and the ambulances have been purchased by the petitioner only for its own use and purpose since the petitioner […]

Detention under GST:  Out of two e-way bills validity of one expired – Conditional release by Tripura HC

June 30, 2021 942 Views 0 comment Print

Disposing WP(C) No.433/2021, Dated: 30th June, 2021 in ATC Supply Chain Solution Pvt. Ltd. Vs. The State of Tripura & Ors, the Hon’ble High Court of Tripura, granted a conditional release of goods & vehicle detained U/s. 129 of the CGST/SGST Acts, 2017.

After taking cognizance by a Magistrate, no police investigation can be initiated: Tripura HC on a GST case   

May 28, 2021 7626 Views 0 comment Print

High Court of Tripura, in Shri Sentu Dey Vs. The State of Tripura & Ors has proclaimed that a Magistrate cannot revert to calling for police investigation in a case where he has previously taken cognizance of the offences.

Abatement of duty cannot be withheld for failure of Excise Superintendent to draw proper proceedings

May 17, 2021 606 Views 0 comment Print

Dharampal Satyapal Ltd. Vs Commissioner of Central Excise and Service Tax (Tripura High Court) In terms of sub-rule (5) of Rule 6 of the Chewing Tobacco and Unmanufactured Tobacco Packing Machines (Capacity Determination and Collection of Duty) Rules, 2010, the machines which the manufacturer does not intend to operate would be uninstalled and sealed by […]

Tripura VAT: No penalty for not getting accounts audited as audit report format was not notified

April 26, 2021 600 Views 0 comment Print

Pankaj Behari Saha Vs State of Tripura (Tripura High Court) Analysis of Section 53 of the TVAT Act would show that as per sub-section (1) thereof, for a dealer whose turnover crosses the prescribed threshold limit for any year, has to get his accounts audited within six months from the end of that year and […]

TVAT: No penalty for non-furnishing of Audit report if no format for filing audited report was prescribed

April 24, 2021 594 Views 0 comment Print

Pankaj Behari Saha Vs State of Tripura (High Court Tripura) Petitioner is a dealer and was registered under the Tripura Value Added Tax Act, 2004 (TVAT Act, for short) at the relevant time. The Superintendent of Taxes, Udaipur issued a notice on 31.01.2019 to the petitioner under Section 53(3) of the TVAT Act conveying to […]

GST Payable on Rice Sell even if Brand name not registered

April 20, 2021 8130 Views 0 comment Print

Sarvasiddhi Agrotech Pvt. Ltd Vs Union of India (Tripura High Court) We do not find any error in the view of the authorities. Firstly, the conclusions of these authorities are based on assessment of materials on record. Secondly, the seizure of sizable quantity of packaged branded rice was an indication of the petitioner dealing in […]

No GST exemption on supplying branded rice under the guise of quality or grade

April 20, 2021 1815 Views 0 comment Print

S. Sarvasiddhi Agrotech Pvt. Ltd Vs Union of India (Tripura High Court) In this case department had issued the notice to the supplier on the count that they are selling the rice under the marking as Aahar normal, Aahar Gold, Aahar premium. It was alleged by the department that these markings are nothing but the […]

State Governments cannot levy electricity duty on inter-State sale of electricity: Tripura High Court

March 31, 2021 4389 Views 0 comment Print

ONGC Tripura Power Company Ltd. Vs State of Tripura (Tripura High Court) In a significant legal victory for electricity-generating companies, the Tripura High Court has held State Governments cannot levy electricity duty on inter-State sale of electricity. ONGC Tripura Corporation Ltd had challenged the provisions of the Tripura Electricity Duty Act, 2019 (TEDA) by a […]

‘C’ Forms cannot be rejected for Mismatch without providing the Opportunity

March 22, 2021 1338 Views 0 comment Print

Prayas Automation Pvt. Ltd. Vs State of Tripura (Tripura High Court) From the reply filed by the State authorities, it emerges that such ‘C’ Forms were not issued on account of anomaly in the valuations. As a State authority respondent No. 4 ought to have conveyed this reason to the petitioner who could have either […]

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