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GST Case Laws

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State - Delhi ✔

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1. This is an application filed by the petitioner seeking impleadment of Additional Directorate General of GST Intelligence, Nagpur Zonal Unit and Additional Directorate General of Goods and Services Tax Intelligence, Guwahati Zonal Unit, as respondent Nos.12 & 13, respectively. 2. Issue notice. 2.1 Mr Aditya Singla accepts notice on behalf of the nonapplicants/respondents. 3. Mr Singla says that he does not wish to file a reply in the matter. 4. Given the statement made b...
1. Although notice in the matter was issued on 26.08.2019, we find that the counter-affidavit filed by respondent no.1 is not on record. 1.1.  However, Mr Shourya Dasgupta, who appears on behalf of respondent no.1, has placed before us a hard copy of the counter-affidavit. 2. For the purposes of good order and record, the Registry will scan and upload the copy of the counter-affidavit made available to us so that the same remains embedded in the case file. 3. This writ petiti...

UFLIX INDUSTRIES vs. UNION OF INDIA AND OTHERS


(Delhi High Court | Oct 10, 2022)

1. The following substantive prayers have been made in the writ petition: i) Issue a writ of certiorari or any other writ, order or direction in the nature thereof quashing the impugned attachment order dated 18.03.2020; ii) Issue a writ of certiorari or any other writ, order or direction in the nature thereof quashing the order no 02/2020 dated 10.06.2020 issued by respondent no. 3; iii) Issue a writ of mandamus or any other writ, order, or direction declaring the action of respo...

HERO MOTOCORP LTD. vs. UNION OF INDIA AND OTHERS


(Delhi High Court | Oct 10, 2022)

1. On 19.09.2022 when the matter had come up for hearing, the following had been recorded: “1. The principal grievance of the petitioner is that the respondents/revenue are seeking to recover accumulated credit transitioned by it in terms of Section 140 of Central Goods & Services Tax Act, 2017 [in short, the “Act”] in respect of Input Service Distribution [in short, “ISD”]. The petitioner is an Input Service Distributor and is register...
1. Present writ petitions have been filed seeking declarations that Paragraph 11(d) read with 12A(a)(ii) of the Notes and Conditions of the Notification dated 31st October, 2016, [as amended by Notifications dated 29th June, 2017 and 26th July, 2017], Circular No. 37/2018 dated 09th October, 2018, is ultra vires Section 16 of the IGST Act, 2017 read with Section 54 of CGST Act, 2017 as well as Rule 96 of CGST Rules, 2017 and violative of Articles 14, 19 and 21 of the Constitution of Indi...

SEEMA GUPTA vs. UNION OF INDIA AND OTHERS


(Delhi High Court | Sep 27, 2022)

Present writ petition has been filed challenging Clause (A)(b) of the Notification No.04/2022-Central Tax (Rate) dated 13th July, 2022, as unsustainable being ultra vires Article 14 of the Constitution of India and also beyond the powers conferred under the Goods And Services Tax Act, 2017 (GST). In the present writ petition, it has been averred that by way of the impugned notification dated 13th July, 2022, the exemption granted by a previous Notification dated 28th July, 2017 for rentin...

SWASTIK PLASTICS vs. COMMISSIONER OF DGST


(Delhi High Court | Sep 26, 2022)

1. This writ petition came up for hearing for the first time on 05.04.2022, when after hearing the counsel for the parties, we had inter alia recorded the following: “2. This writ petition is directed against the order dated 11.03.2022, passed by the Assistant Commissioner, Delhi under Section 74 of the Delhi Goods and Services Tax Act, 2017. 3. Apart from anything else, Mr Rajesh Jain, who appears on behalf of the petitioner, says that the impugned order has been passed by, one...
1. This is a writ petition filed by the petitioner, which is a registered society, challenging Notification No.29/2018, dated 31.12.2018, issued by the Union of India, through the Ministry of Finance. 1.1. The record shows that by virtue of the impugned notification, an amendment has been made to Notification No.13/2017 dated 28.06.2017. 1.2. In effect, the relief sought is limited to the amendment made qua Entry No.14, which has been inserted via Section 9(3) of the Central Goods and...
1. Allowed, subject to just exceptions. W.P.(C) 12531/2022 & CM APPL. 37941/2022 [Application filed on behalf of the petitioner seeking interim relief] 2. Although there are several prayers made in the writ petition, Mr Rajesh Jain, who appears on behalf of the petitioner, says that, for the moment, the relief sought is confined to prayer clause (a), i.e., against adjudication order dated 20.05.2022. 2.1. To be noted, the show-cause notice, from which the abovementioned adjudi...

MOHD. SABAHUDDIN vs. CGST DELHI NORTH


(Delhi High Court | Sep 21, 2022)

CRL.M.A. 19280/2022 (for exemption) 1. Allowed, subject to all just exceptions. 2. The application is disposed of. CRL.M.C. 4791/2022, CRL.M.A. 19279/2022 (for interim stay) 3. Heard learned senior counsel appearing on behalf of the petitioner and Shri Harpreet Singh, Sr. standing counsel for the investigating agency on advance notice. 4. The facts of the case show that the petitioner was granted bail vide order dated 17.02.2022 passed by the learned CMM/ND/Patiala House C...