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Tripura High Court

HC Quashes vague & imprecise SCN & instructs unblock of GST account

February 22, 2021 1734 Views 0 comment Print

Dayamay Enterprise Vs State of Tripura (Tripura High Court) The impugned notice has been issued only for cancellation of registration, that too without citing any particular reason. The reason stated is picked up from the statute itself namely, non-compliance of any specified provisions of GST Act or the Rules made thereunder. Without specifying which provisions […]

Assistant Commissioner cannot revise or Review his own order – Section 11A of Central Excise Act

January 12, 2021 3675 Views 0 comment Print

Tripura Ispat Vs Union of India (Tripura High Court) We have briefly touched on this difference in statutory scheme of the Central Excise Act against the Income Tax Act in order to drive home the point that if the department was desirous of pursuing the question of leviability of education and higher education cess when […]

HC deletes penalty equal to tax amount for E-way Bill Expiry & Imposes Rs. 10000 Penalty

January 7, 2021 4518 Views 0 comment Print

M/s. Sri Gopikrishna Infrastructure Pvt.Ltd Vs State of Tripura and Ors (Tripura High Court) Quantum of penalty for transportation the taxable goods without the cover of valid e-way bill Learned counsel has fairly stated that only violation that has been noticed by the taxing authority is of not carrying the valid e-way bill against the […]

GST: Penalty equal to tax amount cannot be imposed for Section 122(xiv) Breach

January 7, 2021 5280 Views 0 comment Print

Gopikrishna Infrastructure Pvt. Ltd. Vs State of Tripura (Tripura High Court) Mr. Majumder, learned counsel has contended that there is no fraudulent intention or malafide act indulged by the petitioner. It was a lapse under very abnormal circumstances of lockdown and that aspect of the matter has not been considered at all. Moreover, Mr. Majumder […]

TSGST: Adjudicating Authority cannot rectify an error after 3 months

December 17, 2020 1062 Views 0 comment Print

Kiran Enterprise Vs State of Tripura (Tripura High Court)  Before we formulate our decision in respect of the question whether Section 5 qua Section 29(2) of the Limitation Act would apply for purpose of condoning the delay in filing the petitioner‟s petition under Section 161 of the TSGST Act, let us revisit the provisions of […]

GST: Release goods and vehicle on payment of 25% of tax amount- HC

September 3, 2020 744 Views 0 comment Print

Balaji Steel Rolling Mills Ltd. Vs State of Tripura (Tripura High Court) Petitioner has challenged the seizure/detention of goods/materials by the Superintendent of State Taxes  by the order dated 17.02.2020 on the ground that e-Way bills tendered for the goods in movement stood expired when the vehicle entered within the territory of the State of […]

Release Vehicle & Goods on Furnishing of Indemnity Bond: HC

June 5, 2020 4773 Views 0 comment Print

Sri Gopikrishna Infrastructure Pvt. Ltd Vs. The State of Tripura and ors (High Court of Tripura) Mr. Majumder, learned counsel appearing for the petitioner has submitted that for the countrywide lockdown when the vehicle, name of which has been printed in the EWay bill, got stuck in Raipur and it suffered a mechanical failure. Consequent […]

GST: HC allows release of goods on Payment of 25% of disputed tax & penalty

February 25, 2020 648 Views 0 comment Print

Chandimata Iron Vs State of Tripura (Tripura High Court) Since the order under challenge in this petition is appealable, we permit the petitioner to pursue such appeal for which, we are informed limitation period has yet not expired. However, considering the facts of the case, the goods of the petitioner which are in the nature […]

GST Order of Demand of Tax & Penalty should be passed after proper opportunity of hearing

August 17, 2019 1593 Views 0 comment Print

Kalpana Stores Vs State of Tripura & others (Tripura High Court) Under sub-section (1) of Section 129 thus the authorities enjoy the power of detention of goods in transit if it is found that the same is in contravention of the provisions of the Act or the rules. The detention can also be made of […]

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