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Uttarakhand High Court

HC condones delay as GST Registration Cancellation affects livelihood

July 8, 2022 2694 Views 0 comment Print

Delay in Filing of Appeal beyond period of 1 month condoned as Cancellation of Registration would affect the livelihood and violate Article 21 of Constitution

Notice under GST Rule 68 to be issued electronically or through post?

June 16, 2022 3192 Views 0 comment Print

Jabir Hasan Vs Assistant Commissioner of State Tax GST (Uttarakhand High Court) It is not disputed that Rule 68 of Central Goods and Services Tax Rules, 2017 provides for notice to the non filers of returns – a notice in form GSTR – 3A shall be issued electronically to a registered person who fails to […]

HC upholds former Income Tax Commissioner’s conviction in DA Case

March 13, 2022 4506 Views 0 comment Print

Swetabh Suman Vs Central Bureau of Investigation (Uttarakhand High Court) The conviction of the appellant Swetabh Suman for the offence punishable under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 is upheld and confirmed. The sentence imposed on the appellant Swetabh Suman under Section 13(2) read with Section 13(1)(e) of […]

HC stays rigour of paragraph 8 of Circular No. 125/44//2019-GST dated 18.11.2019

January 28, 2022 2424 Views 0 comment Print

U P Telelinks Limited Vs State of Uttarakhand (Uttarakhand High Court) Shri Akash Deep Singh, learned counsel for the petitioner. Shri Pradeep Joshi, learned Standing Counsel for the State of Uttarakhand / respondent no. 1 and 2. Shri V.K. Kaparwan, learned Standing Counsel for the Union of India / respondent no. 3. There is no […]

Writ filed seeking refund of tax coercively recovered by GST Department

November 20, 2021 1401 Views 0 comment Print

In re Mallcom India Limited (Uttarakhand High Court) Hon’ble Uttarakhand High Court issues notice to the GST Department coercive recovery regarding demand of ITC  due to misclassification of goods by the supplier   Mallcom India Limited has filed a writ petition vide WPMS No. 1206 of 2021 before the Hon’ble Uttarakhand High Court seeking refund of […]

Order cancelling GST Registration not valid if opportunity of Hearing not provided

October 29, 2021 1263 Views 0 comment Print

Eficaz Project Limited Liability Partnership Vs Commissioner, Uttarakhand GST Commissionerate (Uttarakhand High Court) The second limb of argument of the learned counsel for the petitioner is that, even if at all a decision was required to be taken on an application submitted by the petitioner on 30th May, 2020, requesting for the cancellation of the […]

GST: HC releases vehicle & Goods confiscated on mere suspicion

September 28, 2021 3429 Views 0 comment Print

Court ordered the release of Vehicle, mango kernel oil, mahua oil, rice bran oil confiscated under section 130 of CGST Act, 2017 as mere suspicion was not sufficient to invoke the provision of the confiscation.

Uttarakhand HC upheld levy of Water Tax on hydropower projects

August 30, 2021 5088 Views 1 comment Print

The claim of the petitioners with regard to the ‘flow measuring devices’ not being installed by the Commission under Section 14.1 of the Act falls in the third alternative of adopting an indirect method for assessment of water drawn by the user.

Uttarakhand HC ruling on reversal of ITC on non deposit by supplier

August 28, 2021 3309 Views 0 comment Print

Narula Menthol Vs UOI & Ors. (Uttarakhand High Court) 1. Hon’ble Uttarakhand High Court has quashed the demand intimation letters issued by the GST Dept. which directed the Petitioner to reverse the ITC amounting to Rs. 1.75 Cr on the basis that the supplier from whom the goods were purchased, has failed to deposit the […]

Electronic credit ledger cannot be blocked for any period in excess of one year

June 24, 2021 2235 Views 0 comment Print

M/s Vimal Petrothin Private Limited. Vs Commissioner, CGST and others (Uttarakhand High Court) Petitioner’s electronic credit ledger cannot be blocked for any period in excess of one year, in view of express provision contained in Sub-Rule (3) of Rule 86(A) of C.G.S. T. Rules. Thus, he submits that petitioner’s contention to this extent is correct […]

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