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Search results for: Allahabad High Court

Allahabad HC Order In Case of M/S Xestion Advisor Private Limited vs Additional Commissioner Grade II and Another

Allahabad High Court Quashes GST Orders Over Lack of Mandatory Notice U/S 46

The Allahabad High Court recently cancelled a tax assessment and subsequent decisions made against a company. This action was taken because the tax authorities had failed to properly notify the company before making the assessment, which is required by law. M/S Xestion Advisor Private Limited, the applicant’s company, is in the management consultancy services approach […]

Allahabad HC's Order in The Case of M/S Maa Kamakhya Trader vs. Additional Commissioner Grade 2 And Another

Allahabad High Court: GST Authority Can’t Alter Stand After Verifying Goods and Invoices During Transit

The Allahabad High Court noted that while conducting verification, the authority cited the details of the goods found and verified the accuracy of the invoices and goods in transit. It ruled that the authority cannot later change its position and claim that the goods did not match the invoice. Justice Piyush Agrawal Ruled That “Once […]

Allahabad HC's Order In the Case of M/s Hari Shanker Transport V/S Commissioner of Commercial Tax U.P., Lucknow and Another

Allahabad High Court: GST Orders U/S 75(6) Must Be Self-Contained, Not Just Refer SCNs

Under Section 75(6) of the Goods and Services Tax Act, 2017, an order must be self-contained, and a mere reference to earlier show cause notices is not adequate, the Allahabad High Court ruled. Section 75 of the GST Act is a general provision pertinent to the determination of tax. Section 75(6) of the GST Act […]

Allahabad HC's Order In Case of M/s Arena Superstructures Private Limited vs. Union of India

Allahabad High Court: No GST Recovery After NCLT Clears Resolution Plan

The Allahabad High Court, relying on the Supreme Court’s decisions in Vaibhav Goyal & Another vs. Deputy Commissioner of Income Tax & Another, ruled that the claims of the Goods and Services Tax Department are restricted after the approval of the resolution plan by the National Company Law Tribunal (NCLT). In the case of Vaibhav […]

Allahabad HC's Order in the Case of Amit Kumar Sethia (Deceased) V/S State of U.P. and another

Allahabad High Court: GST Demand Against Deceased Person Not Permissible U/S 93

The Allahabad High Court has decided that Section 93 of the GST Act of 2017 does not allow tax authorities to charge taxes to someone who has passed away or to collect those taxes from their family or legal representatives. Section 93 of the Goods and Services Tax Act, 2017, outlines the obligation to file […]

Andhra Pradesh HC's Order in The Case of Meka Dredging Company Private Limited Versus The Deputy Assistant Commissioner

AP High Court: Best-Judgment Assessments Withdrawn Upon Subsequent Filing of GST Returns

The Andhra Pradesh High Court has established a significant ruling regarding best judgment assessment orders. According to the court, these orders, which are issued when a taxpayer fails to file their returns, are automatically considered withdrawn if the taxpayer later submits their returns along with the payment of tax, interest, and any applicable late fees […]

Allahabad HC's Order In the Case of Mohd. Salman vs. State Of U.P.

Allahabad HC Closes Tax Writ Noting Operationalisation of GST Appellate Tribunal

The Allahabad High Court has closed a case related to the Goods and Services Tax (GST) system, noting that the GST Appellate Tribunal (GSTAT) is now properly set up and functioning. Previously, the tribunal wasn’t operational, which meant that taxpayers had to go to the High Courts for quick solutions to their problems. The bench […]

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