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The Allahabad High Court ruled that the purpose of evading tax is an essential condition for levying penalty u/s 54(1)(2) of the Uttar Pradesh Value Added Tax Act, 2008. Section 54(1) of the Uttar Pradesh Value Added Tax Act, 2008 furnishes for circumstances under which penalties can be charged to taxpayers. It is furnished that […]
The case of Virat Agencies Vs State of U.P. before the Allahabad High Court is concerned with challenges to an order passed u/s 73(9) of the Uttar Pradesh Goods and Service Tax Act, 2017. The applicant, represented by Shri Aloke Kumar, challenges the order for the Tax Period July 2017 to March 2018. Detailed Analysis […]
GST E Waybill | No Vehicle Details Change Due to Goods Under Transit Therefore No Penalty: Allahabad HC The Allahabad High Court ruled that for goods in transit, the vehicle number in the bilty (consignment note) could not be altered upon change of vehicle due to breakdown. The penalty order is been quashed by the […]
The Allahabad High Court ruled that when the Goods and Services Tax Regime was established in 2017, issues in downloading GST e-way bills were there. The difficulties were fixed and from April 2018 there were no problems in generating the same. Justice Shekhar B. Saraf ruled that keeping the penalty order under Section 129 of […]
Allahabad High Court, when the GPS tracking system displays the slow movement of the truck due to mechanical problems in the engine then the penalty under Section 129 of the Goods and Service Tax Act, 2017 cannot have been levied for not extending the period in the e-way bill. The Court held that not extending […]
The order by the GST and Central Excise Superintendent for lack of jurisdiction is been quashed by the Lucknow bench of Allahabad High Court. The bench of Justice Alok Mathur sees that as per the circular, February 9, 2018 issued by the Government of India, Ministry of Finance, and Department of Revenue, the power of […]
The Allahabad High Court has suppressed the Commercial Tax Tribunal’s judgment for non-compliance with Rule 63(5) of the U.P.V.A.T. Rules, 2008. The bench of Justice Abdul Moin has followed that according to Rule 63(5) of the U.P. V.A.T. Rules, 2008, a judgment and petition will be in writing and shall mention the points for determination, […]
The Allahabad High Court ruled that the absence of tax invoices and/or e-way bills during interception and their next production does not forgive the taxpayer from the obligation of penalty under the Goods and Service Tax Act. “Production of these documents after the interception cannot absolve the petitioner from the liability of penalty as the […]
In a recent ruling, the Allahabad High Court noted that a single typographical error in an e-way bill cannot be a sufficient justification to impose a penalty. The judgment came in the case of Indeutsch Industries Private Limited Vs State of U.P. And 2 Other. A writ petition was filed by Indeutsch Industries Private Limited […]
