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Only technical errors under tax laws without any financial implications must not be the foundations for the imposition of penalties, the Allahabad HC stated. When dealing with the case of goods not accompanying the e-way bill, Justice Shekhar B. Saraf stated. “Mere technical errors, without having any potential financial implications, should not be the grounds […]
Authorities could not travel beyond the show cause notice to levy the penalty on the taxpayer, Allahabad High Court ruled. The bench comprising Justice Shekhar B. Saraf stated that, “At its core, a show cause notice represents the initial step in an administrative or legal process, wherein an individual or entity is formally apprised of […]
The Central Board of Indirect Taxes, Ministry of Finance to acknowledge extending the advantage of time extension to file a petition under section 107(1) of the Central Goods and Services Act, 2017 to orders passed under Section 129 and Section 130 of the Act, Allahabad High Court rendered. On 2nd November 2023, the Central Board […]
The Lucknow Bench of the Allahabad High Court held that before passing any adverse order, such as imposing tax or penalty, the opportunity of hearing is mandatory under Section 75(4) of the Uttar Pradesh Goods and Service Tax Act, 2017. Section 75(4) of the UPGST Act provides that an opportunity for a hearing must be […]
The Allahabad High Court rendered the Additional Commissioner, CGST, (Appeals), Meerut, to provide the benefit of Under Section 14 of the Limitation Act to the applicant and hear the petition filed under Section 107 of Central Goods and Service Tax Act, 2017 afresh. Section 14 of the Limitation Act, 1963 furnishes that the period where […]
The Allahabad High Court ruled that seizing a vehicle transporting goods without prior notice infringes upon the civil rights of the transporter, considering the truck as the essential capital asset of the transporter. The petitioner is displeased with the confiscation of their vehicle, and the legal proceedings have been initiated under Section 129 of the […]
The Allahabad High Court ruled that a minor typographical error in the e-way bill without any other material establishing an intention to evade tax shall not draw a penalty under Section 129 of the Goods and Service Tax Act, 2017. Placing reliance on the decision of Allahabad High Court in M/s. Varun Beverages Limited v. […]
Rathore Building Material Vs Commissioner of State Tax (Allahabad High Court) Overview In a ruling dated December 1, 2023, the Hon’ble Allahabad High Court addressed the case of M/s. Rathore Building Material v. Commissioner of State tax [Writ Tax No 136 of 2023. The court ruled that Rathore Building Material, the petitioner, abided by the […]
Form 10 under Income Tax Rules, 1961 supplied after limitation but before completion of assessment has to be considered, Allahabad High Court has stated. M/S Maa Bhagwati Shiksha Samiti, a registered society, obtained its registration (No. 1398/2005-06) under the Societies Registration Act, 1860, in Uttar Pradesh. Its primary objective revolves around charitable endeavours in education, […]
