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Tag: Allahabad HC

GST ArticleHigh Court

Non-Submission of reply to the SCN cannot be a valid ground for cancellation of GST Registration

byCA Bimal Jain14/03/202314/03/2023

The Hon’ble Allahabad High Court, Lucknow Bench in M/s. Agarwal Construction Company v. Commissioner State Tax and Ors. [Writ Tax No. – 43 of 2023 dated February 23, 2023] has set aside the cancellation order of the GST Registration of…

GST ArticleHigh Court

GST amount to be adjusted if there is an issue of mismatch in GST Return with Bank Statement

byCA Bimal Jain11/03/202311/03/2023

The Hon’ble Allahabad High Court in Vriddhi Infratech India Pvt. Ltd v. Commissioner, Commercial Tax and Ors. [Writ Tax No. – 4 of 2022 dated February 23, 2023] has set aside the order passed by the Revenue Department, on the…

GST ArticleHigh Court

Requirement of e-way bill cannot be escaped by undervaluing the goods

byCA Bimal Jain01/03/202301/03/2023

The Hon’ble Allahabad High Court in M/s. Radha Fragnance v. Union of India and Others [Writ Tax No. 427 of 2019 dated February 14, 2023] affirmed the order of detention of goods and imposition of tax and penalty, on the…

GST ArticleHigh Court

Providing opportunity of hearing ensures natural justice and allows Revenue Department to pass appropriate orders

byCA Bimal Jain24/02/202324/02/2023

The Hon’ble Allahabad High Court in M/s Mohan Agencies v. State of U.P. And Another [Writ Tax No. 58 of 2023 dated February 13, 2023] has set aside the order passed by the Revenue Department, on the grounds that the…

GST ArticleHigh Court

Minor discrepancy in the e-way bill would not attract penalty proceedings

byCA Bimal Jain21/02/202321/02/2023

The Hon’ble Allahabad High Court in M/s. Varun Beverages Limited. v. State of U.P. and Ors. [Writ Tax No. – 958 of 2019 dated February 2, 2023] has set aside the order imposing the penalty upon the assessee, on the…

GST ArticleHigh Court

Mere non-reply to SCN cannot be ground for cancellation of GST Registration

byCA Bimal Jain11/02/202311/02/2023

The Hon’ble Allahabad High Court in Acambis Helpline Management (P.) Ltd. v. Union of India [Writ Tax No. 185 of 2022 dated December 15, 2022] has set aside the order cancelling the Goods and Services Tax (“GST”) Registration of the…

GST ArticleHigh Court

Assessee directed to approach competent authority to prove ownership of the detained goods by moving proper application

byCA Bimal Jain27/01/202327/01/2023

The Hon’ble Allahabad High Court in M/s Shiv Scrap Sales v. State of U.P. & Anr. [Writ Tax No. 1519 of 2022 dated December 7, 2022] has directed the assessee to approach the competent authority by moving a proper application…

GST in Media

Allahabad HC orders interim stay on Rs.1,081 crore GST demand against Paytm

byAdmin19/01/202319/01/2023

Allahabad High Court has given interim relief to Paytm (One 97 Comunications Ltd) on a GST dispute over supply of mobile recharge coupons and Direct To Home (DTH) recharge vouchers. Meanwhile, the Central Board of Indirect Taxes & Custom (CBIC)…

GST ArticleHigh Court

Demand order not sustainable without issuance of SCN and fair opportunity to respond

byCA Bimal Jain14/01/202314/01/2023

The Hon’ble Allahabad High Court in Skyline Automation Industries v. State of Uttar Pradesh quashed the demand order passed in Form DRC-07, by the Revenue Department, on the grounds that a notice in Part A of FORM GST DRC-01A under Rule 142(1A) of Central Goods and Services Rules, 2017 (“the CGST Rules”) was not issued.

GST ArticleHigh Court

Seller cannot be penalised for mentioning the quantity of goods in pieces instead of weight

byCA Bimal Jain11/01/202311/01/2023

The Hon’ble Allahabad High Court in the matter of M/s. Ganpati Battery Traders v. State of U.P. [Writ Tax No. 1138 of 2021 dated December 6, 2022] has held that mere selling of batteries by piece instead by weight does…

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