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C.M.No.23547/2020 Exemption allowed, subject to all just exceptions. Accordingly, the application stands disposed of. W.P.(C) No.6799/2020 & C.M.No.23548/2020 1. The petition has been listed before this Bench by the Registry in view of the urgency expressed therein. The same has been heard by way of video conferencing. 2. Present writ petition has been filed challenging the impugned Input Tax Credit block dated 25th January, 2020 in the petitioner’s electronic cr...

Sep 23, 2020  

[WP(C).12274/2020,WP(C).6850/2018,WP(C).12278/2020,WP(C).12279/2020,WP(C).12280/2020,WP(C).12317/2020, WP(C).13237/2020 ] Dated this the 22nd day of September, 2020 All the seven writ petitions are being disposed of with this common judgment as they arise out of the same cause of action. 2. In writ petitions bearing Nos.12278, 12279, 12280, 12274 & 12317 of 2020, challenge has been laid to orders whereby prayer for refund of the Input Tax Credit (hereinafter called as 'ITC...

Sep 22, 2020  

SUSHIL KUMAR vs. STATE OF PUNJAB


(Punjab and Haryana High Court)

1. Sushil Kumar, Excise and Taxation Officer, presently posted at Mandi Gobindgarh, has filed this petition against order dated 11th September, 2020 rejecting prayer for anticipatory bail, in FIR No. 9, dated 21st August, 2020 under Sections 420, 465, 467, 468, 471 and 120-B of the Indian Penal Code, 1860 and Sections 7, 7(a) and 8 of the Prevention of Corruption Act, 1988, registered at Police Station Vigilance Bureau, Phase-1, Mohali. 2. The FIR registered was a sequel of information re...

Sep 22, 2020  

At the heart of this batch of writ petitions is the question whether the Petitioners are entitled to a refund of the entire unutilised input tax credit that each of them has accumulated on account of being subjected to an inverted duty structure. In certain cases, the constitutional validity of Section 54(3)(ii) of the Central Goods and Services Tax Act, 2017(the CGST Act) is impugned, whereas, in others, a declaration is prayed for that the amended Rule 89(5) of the Central Goods and Service...

Sep 21, 2020  

CM APPL. 23038/2020 Allowed, subject to all just exceptions. W.P. (C) 6609/2020 & CM APPL. 23040/2020 1. The petition has been listed before this Bench by the Registry in view of the urgency expressed therein. The same has been heard by way of video conferencing. 2. Present writ petition has been filed challenging the provisional attachment order dated 14th August, 2020 issued by respondent No.1 to the petitioner’s bankers. 3. Learned counsel for petitioner submi...

Sep 18, 2020  

In the present writ petition, the petitioner impugns an order passed by the respondent in Form GST Mov 09, whereby goods have been detained by the respondent noticing a discrepancy in the documents that ought to have accompanied the transportation of the goods. When the matter came up for admission, it was pointed out by the learned Government Pleader that inasmuch as the final order under Section 129, in Form GST Mov 09, has already been passed, the remedy of the petitioner lies in moving an...

Sep 18, 2020  

The petitioner has approached this Court aggrieved by Ext.P7 detention notice issued to him in Form GST MOV-7. In the Writ Petition, it is the case of the petitioner that the transportation was of a consignment of watches that had been supplied to him by the seller in Delhi at a discounted rate of ₹ 8.99. It is seen that the transportation of the goods was accompanied by Ext.P4 tax invoice, where the supplier in Delhi had shown the actual price of the consignment of watches, which was ₹ 4...

Sep 17, 2020  

Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.RC0052020A013 dated 13.8.2020 registered under Section 120-B IPC and Section 7 of the Prevention of Corruption Act, 1988 (amended in 2018) at Police Station, CBI ACB, Chandigarh. Learned senior counsel for the petitioner has argued that the petitioner is working as Superintendent in the office of Commissioner of CGST, Rohtak. He further submits that the petitioner and the other officials, in compliance o...

Sep 17, 2020  

ORDER UNDER SECTION 98(4) OF THE CGST ACT, 2017 & UNDER 98(4) OF THE KGST ACT, 2017 1. M/s. Midcon Polymers Pvt. Ltd., (called as the ‘Applicant’ hereinafter), #3, 3rd Cross, Lalbagh Road,Near Garuda Maruthi Show Room,BengaIuru-560 027, having User-ID 292000000413AR6 have filed an application for Advance Ruling under Section 97 of CGST Act,2017 & KGST Act, 2017 read with Rule 104 of CGST Rules 2017 & KGST Rules 2017, in form GST ARA-01, discharging the fee of ...

Sep 16, 2020  

1. By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs: “a) to quash and set-aside the impugned provisional attachment order, i.e. Form GST DRC-22, for both the premises i.e. for factory premises and residential premises issued in Form GST DRC 22 dated 24.07.2020 by respondent no.4. or As alternative prayer to allow the petitioner so change the bank and then create an additional charge along with ba...

Sep 16, 2020