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Heard Mr. P. C. Joshi, learned counsel for the petitioners; Mr. Anil Singh, learned Additional Solicitor General along with Mr. P. S. Jetly, learned senior counsel, Mr. J. B. Mishra and Mr. Devesh Tripathi, learned counsel for respondent Nos.1 and 3; and Ms. Jyoti Chavan, learned AGP for respondent No.2-State. 2. Goods and Service Tax Practitioners’ Association, Mumbai and its President Shri. Raj Pravin Shah as the petitioners have preferred the present writ petition under Articles ...

Feb 26, 2021  

Heard Sri Sambhu Chopra learned Advocate for the petitioner, Sri Manu Ghildyal learned counsel for respondent no. 2 and Sri Dinesh Kumar Misra learned counsel for respondent no. 1. The challenge is to the order dated 8.9.2020 passed by the Deputy Commissioner, Division-4, Commercial Tax, Bareilly under Section 74 of the U.P. Goods and Services Tax Act, 2017 (In short as "the UPGST Act, 2017") which is pari materia to Section 74 of the Central Goods and Services Tax Act...

Feb 23, 2021  

Parcha/appearance, filed by Sri Rajesh Kumar Singh, Advocate on behalf of respondents No.1 and 2, is taken on record. Heard learned counsel for the petitioner, learned standing counsel for the respondents No. 3 & 4 and Sri Rajesh Kumar Singh, learned counsel for respondents No. 1 and 2. Challenging the order of the original authority under Section 129 (1) (b) of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as 'the C.G.S.T. Act, 2017) as also the order ...

Feb 22, 2021  

1. Second supplementary affidavit dated 22.02.2021 filed on behalf of the applicant and supplementary counter affidavit dated 22.02.2021 filed on behalf of opposite party No. 2, are taken on record. 2. Heard Mr. Anurag Khanna, learned Senior Advocate assisted by Mr. Raghav Dev Garg, learned counsel for the applicant, Mr. Rabindra Singh, learned Additional Government Advocate for the State/opposite party No.1 and Mr. D.C. Mathur, learned counsel appearing on behalf of opposite party No.2, ...

Feb 22, 2021  

1. By this writ-application under Article 226 of the Constitution of India, the writ-applicant has prayed for the following reliefs: 35(a) To issue a writ of certiorari or a writ in the nature of certiorari or mandamus or any other writ order or direction under Article 226 of the Constitution of India to quash and set aside the orders dated 22.09.2020 issued by Respondent No.4 under Section 83 of the CGST Act, 2017 to provisionally attach the bank account of the petitioner as specified he...

Feb 19, 2021  

The petitioners have challenged the order for cancellation of the petitioners’ Goods and Services Tax Registration dated 18th November, 2020 passed by the Proper Officer, being the Superintendent, Alipore, CGST under the Central Goods and Services Tax Act, 2017 (hereinafter referred to as CGST Act). This order dated 18th November, 2020 was passed after issuance of a show cause notice for cancellation of registration dated 12th November, 2020 and considering the petitioners’ reply ...

Feb 19, 2021  

1. Petitioner has filed this bail application under Section 439 Cr.P.C. 2. F.I.R. No.IV (06) 248/ AE/ALWAR/2020 was registered at Chief Metropolitan Magistrate (Economic Offences) Jaipur (Raj.) for offence under Sections 132(1)(c) of the Central Goods and Services Tax Act, 2017. 3. It is contended by counsel for the petitioner that in the initial application, there was an allegation with regard to wrongful claim of input tax credit to the tune of ₹ 5.27 Crore, however, in the compla...

Feb 19, 2021  

Dated this the 18th day of February 2021 Petitioner, by this petition has prayed for the following relief. Set aside Ext.P3 notice and permit the petitioner to remit the arrears of tax within a time frame fixed by this Hon'ble Court. 2. The learned counsel for the petitioner argues that the petitioner was regularly paying tax and in the last year but, because of Covid-19 pandemic, his business collapsed. According to the learned counsel for the petitioner, the petitioner is even n...

Feb 18, 2021  

1. Since the issues raised in all the captioned writ-applications are the same, those were taken up for hearing analogously and are being disposed of by this common order. 2. For the sake of convenience, the Special Civil Application No.20500 of 2019 is treated as the lead matter. 3. The facts giving rise to this writ-application may be summarised as under: 3.1 It is the case of the writ applicant that it is engaged in the manufacture of lead sulphate. The writ applicant claims th...

Feb 17, 2021  

Heard Shri Jayant Kumar and Shri Vibhanshu Srivastava, learned counsel for the petitioner and Shri K. D. Nag, learned Standing counsel appearing for the respondents. The petitioner is a proprietorship firm and is engaged in the business of export of apparels. These proceedings by the petitioner have been instituted under Article 226 of the Constitution of India with the following prayers: (a) Issue a writ of mandamus or any other appropriate writ or direction to the respondent no.2 di...

Feb 17, 2021