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Tag: Detention

GST ArticleHigh Court

Demand of tax and penalty for release of goods without mentioning the reasons is unsustainable

byCA Bimal Jain26/01/202326/01/2023

The Hon’ble Delhi High Court in Ram Prakash Chauhan v. Commissioner of Delhi (Goods and Service Tax) & Anr. [W.P.(C) 6924/2022 dated January 19, 2023] set aside the order raising a demand of tax and penalty for release of the…

GST ArticleHigh Court

Bail granted for alleged availment/ passing of fake ITC to avoid prolonged detention beyond the statutory period

byCA Bimal Jain25/01/202325/01/2023

The Hon’ble Rajasthan High Court in the case of Gaurav Kakkar v. Directorate General of GST Intelligence, Jaipur Zonal Unit [S.B. Criminal Miscellaneous Bail Application No. 17536/2022 dated January 11, 2023] has granted bail to the assessee in the matter…

GST in Media

Punjab Finance Minister Cheema inspects goods vehicles, detects GST evasion worth lakhs

byAdmin24/01/202324/01/2023

Truckers on the Shambhu-Rajpura-Sirhind section of GT Road were in for a surprise on Saturday when they saw a Punjab Cabinet Minister politely asking them to park their vehicles away from the highway and show the documents of the goods…

GST ArticleHigh Court

Writ Petition not to be filed when an efficacious alternative remedy of appeal is available

byCA Bimal Jain04/01/202304/01/2023

The Hon’ble Jharkhand High Court in M/s Shivam Hi Tech Steels Pvt. Ltd v. State of Jharkhand [W.P.(T) No. 1823 of 2021 dated December 21, 2022] directed the assessee to seek alternative statutory remedy of appeal against the order of…

GST ArticleHigh Court

The power of detention and confiscation can not be invoked together

byCA Bimal Jain21/09/202221/09/2022

The Hon’ble Karnataka High Court in M/S Rajeev Traders v. Union of India [Writ Petition No.100849 of 2022 (T-RES) dated August 16, 2022] allowed the writ petition stating that the power to confiscate goods is a distinct and independent power…

GST ArticleHigh Court

Seizure of the goods of the godown without jurisdiction may amount to misconduct

byCA Bimal Jain17/09/202221/09/2022

The Hon’ble Allahabad High Court in Mahavir Polyplast Pvt. Ltd. v. the State of U.P. And 2 others [Writ Tax No. 57 of 2020 and Writ Tax No. 58 of 2020 dated August 6, 2022] quashed the orders of the…

GST ArticleHigh Court

Quashed the detention order passed by non-jurisdictional authority

byCA Bimal Jain16/09/202221/09/2022

The Hon’ble Madras High Court in M/S Macmet Engineering Limited v. State Tax Officer (Intelligence) [W.P. Nos.19395 to 19399 of 2022 and W.P.M Nos. 14157 & 14159, 14158 & 14161, 14163 & 14167, 14160 & 14162, and 14164 & 14166…

GST in Media

Gujarat HC summons GST officer over detention of tax consultant

byAdmin28/03/202228/03/2022

The Gujarat high court on Wednesday ordered an officer of the Goods and Service Tax (GST) to remain present in court on Thursday morning and bring along a tax consultant, who allegedly was in the department’s custody for the past…

State Circular

Guidelines for issuance of FORM GST DRC-07 in case of vehicles detained under E-way bill provisions – by MGST

byAdmin02/03/202217/06/2024

In the Maharashtra Goods and Services Tax Department (MGSTD), the activity of interception of conveyances for verification of E-way bill is carried out by Enforcement officers as well as Non enforcement (Nodal) officers. All the proper officers in the Maharashtra…

E Way BillGST Article

Meaning of term Contravention for Detention and Seizure u/s 129 of CGST Act, 2017

byRachit Agarwal01/11/202026/06/2022

Procedure of Way Bill was introduced to control the evasion of the tax. Context in which the rules related to way bill to put a check on evasion of tax. RULE 138A. Documents and devices to be carried by a…

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