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This writ petition was originally filed seeking a mandamus restraining the first respondent from harassing the petitioner baselessly without addressing its grievance petition and refund claim pending before the respondents. The respondents are officials of the Director General of Goods and Service Tax (R1, R2, R3 and R5), the writ petition having been given up qua R4 on 04.06.2020. On 25.08.2020, the request of the petitioner for amendment of prayer was allowed, recording no objection to the ...

Apr 7, 2021  

A. PROCEEDINGS BEFORE THE COURT 1. This is an order on both the Interim Application No. 5946 of 2020 and the Review Petition (L) No 4687 of 2020. 2. The original Petition under Section 9 of the Arbitration & Conciliation Act, 1996 is in the Commercial Division of this Court. The Interim Application and the Review Petition are, consequently, also in that Division. 3. The Section 9 Petitioner is a private limited company (“Saifee Developers”). The 1st Respondent in t...

Mar 31, 2021  

This order of mine shall dispose of the above-captioned petitions praying for the grant of regular bail in case bearing Complaint No.AC No.22 of 2020 dated 18.08.2020, registered under Sections 132(1) (b) (c) of the Punjab Goods and Service Tax Act, 2017, Police Station Mandi Gobindgarh, pending before the learned Judicial Magistrate Ist Class, Amloh. As per the allegations contained in the aforesaid complaint, the petitioners had issued bogus bills showing false Input Tax Credit (ITC) (P...

Mar 31, 2021  

Heard Mr. Pande, learned counsel for the petitioner and Ms. Jyoti Chavan, learned AGP for the respondents/State. 2. By fling this petition under Article 226 of the Constitution of India, petitioner seeks quashing of provisional attachment order dated 19.06.2020 issued by respondent no.3 attaching the bank account of the petitioner maintained with the ICICI Bank, Andheri West Branch, Mumbai. 3. Case of the petitioner is that he is a businessman having his office at Dev Plaza, 2nd floor...

Mar 31, 2021  

Dated this the 30th day of March 2021 Heard both sides. 2. Under orders of this Court in W.P.(C) No.18098 of 2020, goods were released vide release order at Ext.P2 on furnishing bank guarantee by the petitioner. The adjudication proceedings continued and those were culminated in the order at Ext.P3 by which the 3rd respondent had directed the petitioner to pay the IGST tax amounting to ₹ 4,25,181/-. This order at Ext.P3 dated 05.03.2021 is reported to be received by the petitioner on 20...

Mar 30, 2021  

1. Heard Sh. S. F. Qadiri, learned counsel for the petitioner. 2. The petitioner is an agency and in respect of the financial years 2017-18, 1018-19, 2019-20, 2020-2021 (Till September, 2020), assessment orders have been passed on the basis of which demand notices under Section 73 of Jammu & Kashmir SGST Act, 2017 read with Rule 142(5) of the Jammu & Kashmir SGST Rules, 2017, have been issued against it. 3. The submission of learned counsel for the petitioner is that there is ...

Mar 29, 2021  

Heard the learned counsel on either side. 2. The petitioner has registered themselves on the file of the second respondent. The petitioner was filing returns under the Tamil Nadu Value Added Tax Act, 2006 and subsequently, under the GST regime also. The petitioner's registration was cancelled on 06.09.2018 on the ground of non-filing of returns. The said defect was subsequently rectified by the petitioner. The petitioner also remitted GST dues to the tune of ₹ 66,781/- together with...

Mar 25, 2021  

Writ petition was entertained on 1.2.2021 and the following order was passed : "1. Submission of learned counsel for the petitioner is that the goods were in transit through the State of U.P., the consignment having been booked at Assam for shipment to Delhi. 2. While passing through the State of U.P., the authorities have checked and found the e-way bill to be in order. Also, the goods subscribed to the description given in the tax invoice and the e-way bill. Reliance has also b...

Mar 24, 2021  

Prayer in this petition filed under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') is for grant of regular bail to the petitioner for offence under Section 132(1)(b) and 132(1)(c) punishable under Clause L(i) of Section 132(1) of the Central Goods and Services Tax, 2017 (in short 'the CGST, 2017) in File No.GEXCOM/AE/FU/87/2020-AE-CGST-DIV-PNP-COMMRTEPANCHKULA. Learned senior counsel for the petitioner has argued that the accounts of the firms of the petiti...

Mar 24, 2021  

1. By this writ-application under Article 226 of the Constitution of India, the writ-applicants have prayed for the following reliefs: 14(A) be pleased to issue a writ of certiorari or a writ in nature of certiorari or any other appropriate writ, order or direction quashing and setting aside detention order dated 31.8.2019 in Form GST Mov6 (annexed at Annexure A) and confiscation notice dated 31.8.2019 in form GST MOV-10 (annexed at Annexure B); (B) be pleased to issue a writ of manda...

Mar 24, 2021