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Tripura High Court

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

May 17, 2021 852 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 747 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 840 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 8811 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 2136 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 5007 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 1674 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 […]

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

March 22, 2021 1020 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 7011 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 1956 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 […]

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