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Tripura High Court

Tripura HC allows benefit of excise duty exemption notification even when final product was exempt from basic duties

March 22, 2021 837 Views 0 comment Print

Union of India Vs S Dharampal Satyapal Ltd. (Tripura High Court) Whether the Customs, Excise and Service Tax Appellate Tribunal was right in law in interpreting provisions of Rule 6(1) and 6(4) of the Cenvat Credit Rules, 2004 and thereby giving benefit of exemption notifications in favour of the respondent-assessee, ignoring the contention of the […]

Maximum Penalty of Rs. 1000 for Minor clerical error in E-way Bill

March 9, 2021 6420 Views 0 comment Print

Tirpthamoyee Aluminium Products Vs State of Tripura (High Court Tripura) According to the petitioner, due to a clerical error the distance from the place of origin to the ultimate destination i.e. from Howrah to Agartala, was shown as 470 Kms. instead of actual distance which was 1470 Kms. The petitioner would point out that as per […]

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

February 22, 2021 1758 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 3936 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 4683 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 5538 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 1131 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 780 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 5028 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 681 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 […]

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