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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 […]
The Allahabad High Court has refused to exercise its writ jurisdiction under Article 226 of the Constitution in a Goods and Services Tax (GST) dispute, which includes the seizure of goods and a vehicle, holding that the applicant should take the statutory appellate remedy as disputed questions of fact were concerned. The bench of Justice […]
The Allahabad High Court recently rejected a GST order, showing that when a rectification application is presented within the statutory limitation period and is followed in good faith, the period for which it stays pending during adjudication shall be excluded from the computation of the limitation period for filing a following appeal under section 107 […]
The Allahabad High Court has declined to intervene at the preliminary stage regarding a show cause notice issued under Section 74 of the Uttar Pradesh Goods and Services Tax (UP GST) Act, 2017, which alleges the use of fraudulent input tax credit (ITC). However, the Court has instructed the GST department to provide all detrimental […]
The Allahabad High Court, production of toll plaza receipts is not mandatory to establish the actual movement of goods when transactions are supported by valid e-way bills, tax invoices, banking-channel payments, and proper disclosure in GST returns. The Court then ruled that State GST authorities could not investigate or adjudicate cases of Central GST taxpayers […]
The Allahabad High Court has ordered the commencement of criminal contempt proceedings against the Additional Commissioner, Grade-2 (Appeal), State Tax, Meerut. This decision comes after the Commissioner submitted a misleading personal affidavit to the Court despite being granted two separate opportunities to rectify the inaccuracies. Justice Piyush Agrawal, noting that the impugned order did not […]
The Allahabad High Court, specifically the Lucknow Bench, has put a hold on a Goods and Services Tax (GST) demand made against a small business. They found that the tax authority had made its decision without giving the business a chance to explain its side in person, even though the business had already closed down […]
The Allahabad High Court has ruled that a recipient’s right to claim Input Tax Credit (ITC) cannot be denied, provided the supplier was registered under GST at the time the transaction took place. The Bench, led by Justice Piyush Agrawal, set aside a GST demand of ₹9.42 lakh raised under Section 74 of the CGST/UPGST […]
The Allahabad High Court has pulled up GST authorities for passing frequent orders for the cancellation of GST registration of traders without giving reasons and said it amounted to ‘economic death’ as it imposes disproportionate hardship on them and disrupts legitimate business activities. Depriving a dealer of this statutory lifeline without providing reasons or providing […]
