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GST Case Laws

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1. Heard learned counsel for the parties. 2. Rule. Rule is made returnable forthwith at the request and with the consent of the learned counsel for the parties. 3. By these petitions, the petitioners seek the following substantive reliefs in both the petitions: (a) issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned order passed by the Respondent No.1 dated 01.10.2021; (b) is...
CRL.M.A. 20962/2021 (Exemption) Exemption allowed, subject to just exceptions. CRL.M.C. 3535/2021 & CRL.M.A. 20961/2021 The petitioner vide the present petition seeks the setting aside of the order dated 22.12.2021 of the Court of the learned CMM in case “Directorate General of GST Intelligence, Gurugram vs Kabir Kumar” and also seeks restoration of the bail granted to the petitioner vide order dated 05.12.2020 till the pendency of this petition and also ...

VARDHMAN EXIM vs. UNION OF INDIA AND OTHERS


(Delhi High Court | Dec 23, 2021)

1. Present writ petition has been filed challenging the order dated 14th July, 2020 issued under Form GST DRC- 22 provisionally attaching the Petitioner's current Bank Account with IndusInd Bank Ltd under Section 83 of the CGST Act, 2017 (hereinafter referred to as the ‘Act’). Petitioner also seeks direction to the Respondents to de-freeze the Petitioner’s bank account.   2. Learned counsel for the petitioner submits that as per the provisions of Section 83(2) o...

KRUSHANSINH PRATAPSINH ZALA vs. STATE OF GUJARAT


(Gujarat High Court | Dec 22, 2021)

1. By way of this application filed under Article 226 of the Constitution of India read with Section 482 of Cr.P.C., the applicants prays for appropriate direction to the respondent namely Directorate General of Goods & Service Tax Intelligence, Ahmedabad Zonal Unit and Senior Intelligence Officer, Directorate General of Goods & Service Tax Intelligence-RU, Zonal Unit, DGGI-GRU, Gandhidham to allow the presence of applicant’s advocate at a visible but not audible distance during...

HARDIK TEXTILES vs. STATE OF GUJARAT


(Gujarat High Court | Dec 22, 2021)

1. The petitioner, in the present petition under Article 226 of the Constitution of India, is seeking to approach this Court being aggrieved by the fact that the eligible refund amount which was credited in the wrong account due to inadvertent mistake of the petitioner’s consultant should not penalize the petitioner. 2. The prayers sought for are as follow: - “(a) Issue appropriate writ/order/direction for respondents to take appropriate action in this regard and disburse ...

VARUN GUPTA vs. STATE OF U.P. AND OTHERS


(Allahabad High Court | Dec 22, 2021)

Heard Sri Alok Singh, counsel for the applicant, Sri Ramesh Chandra Shukla, learned counsel for the informant and learned AGA for the State. A complaint was lodged as Complaint no. 691 of 2021 at Police Station- Hariparvat, District- Agra, under Section 132 (1) (B) (I) C.G.S.T. Act. The bail application of the applicant was rejected by learned Additional Sessions Judge, Agra on 11.10.2021. The applicant is in jail since 19.08.2021, pursuant to the said F.I.R. As per case of th...

C.R. GRANITES vs. THE ASSISTANT COMMISSIONER AND OTHERS


(Andhra Pradesh High Court | Dec 22, 2021)

Heard Mr. Shaik Jeelani Basha, learned counsel for the petitioner and Ms. Nagaraja Kumari, learned Assistant Government Pleader, Commercial Tax, for the respondents. 2. The petitioner has moved the Court for the following relief: "...to issue Writ of Mandamus or any other appropriate writ or order or direction declaring the action of the 1st respondent in issuing Notice for Demand of amounts payable in Form GST DRC-01, dated 25.11.2021 served on the petitioner on 09.12.2021 for t...

ROHAN TANNA vs. UNION OF INDIA AND OTHERS


(Chhattisgarh High Court | Dec 21, 2021)

As above two applications for grant of regular bail arise out of same crime number, they were heard together and disposed of by this common order. 2. Applicants in above applications are in custody since 20.7.2021 in connection with Crime No.133/2020-21 registered in the office of Senior Intelligence Officer, Director General of GST Intelligence Zonal Unit, Raipur, District Raipur (CG) for commission of offence punishable under Sections 16 & 132 (1) (b) & (c) of the Central Goods ...
Heard learned Advocates appearing for the parties. In this writ petition, petitioners have challenged the impugned order of adjudication dated 1st November, 2021 passed by the GST Authority concerned as appears at page 47 to the writ petition. Main ground of challenge of the impugned adjudication order by the petitioners is that though the impugned adjudication order is appealable but the same is without jurisdiction and there is violation of principle of natural justice by not affording them...

KAMAL RAY vs. THE STATE OF JHARKHAND


(Jharkhand High Court | Dec 21, 2021)

Heard Mr. B. M. Tripathi, learned senior counsel for the petitioner, Mr. P.A.S. Pati, learned G. A. - II as well as Mr. Ravi Prakash, learned Spl.P.P. for the State. The petitioner is an accused in connection with Chaibasa Sadar P.S. Case No. 21 of 2019. It has been alleged that the premises of M/s. Balaji Enterprises was inspected by the informant but it was not found and in the registration certificate the permanent address was written as House No. AJ-02, Ward No. - 15 Asama Cit...