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Search results for: Allahabad High Court

Allahabad HC's Order in The Case of M/S Lymer Enterprises vs. State of UP

Allahabad HC Declines Writ Jurisdiction in GST Seizure Case, Mandates Use of Statutory Appellate Channels

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 […]

Allahabad HC's Order In the Case of M/S Prakash Medical Stores vs. Union of India

Allahabad HC Cancels GST Order, Excludes Rectification Period for Appeal Under Section 107

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 […]

Allahabad HC's Order In The Case of Pilcon Infrastructure Pvt. Ltd. Vs. State of U.P. and Another

Allahabad HC Rejects Plea to Quash GST Fraud Notice, Orders Tax Department to Reveal Evidence

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 […]

Allahabad HC's Order in The Case of M/S Raghuvansh Agro Farms Ltd. vs State of U.P. and 2 others

GST Returns & E-Way Bills Sufficient to Prove Movement of Goods, Toll Plaza Receipts Not Required: Allahabad HC

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 […]

Allahabad HC's Order In the Case of Adboulevard Media Pvt. Ltd. vs. Additional Commissioner

Allahabad HC Orders Criminal Contempt Against GST Officer for Misleading Affidavit

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 […]

Allahabad HC's Order in the Case of M/S Kapoor Marketing Thru. Proprietor Pradip Gupta vs. State Of U.P.

Allahabad HC Stays GST Demand Order for Denial of Mandatory Personal Hearing to Closed Firm

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 […]

Allahabad HC's Order in The Case of M/S Saniya Traders vs. Additional Commissioner Grade-2

Allahabad HC: Sec 74 Demand Quashed; GST ITC Allowed as Supplier Was Registered

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 […]

Allahabad HC's Order In Case of M/S Anil Art And Craft vs. State of Uttar Pradesh

Allahabad HC: Repeated Cancellation of GST Registration Without Reason Amounts to Financial Death

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 […]

Allahabad HC's Order in The Case of M/s S.A. Iron & Alloys Pvt. Ltd vs. State of U.P. and 4 Other

Allahabad HC: GST Section 74 Requires Fraud Proof, Orders Refund with 4% Interest

The Allahabad High Court has ruled that the GST ( Goods and Services Tax ) Department cannot invoke Section 74 of the CGST Act in the absence of findings of fraud, wilful misstatement, or suppression of facts with intent to evade tax. The appellate order’s part has been quashed by the court that kept the […]

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