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GST Case Laws


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JUDGMENT JOYMALYA BAGCHI, J. :- 1. Learned Advocate for the appellant submits that the learned Judge failed to take into consideration the fact that relevant documents submitted by the appellant had not been considered by the Principal Commissioner, CGST, Bolpur Commissionerate. 2. We have gone through the impugned order passed by the learned Single Judge as well as the papers annexed to the stay application. Learned Single Judge opined appellant had been given adequate opportunit...
ORDER 1. Heard Shri Alok Yadav, Advocate holding brief of learned counsel for the petitioner, Shri Nimai Dass, learned Additional Chief Standing Counsel for the State-respondents. 2. Challenge has been raised to the order dated 19.08.2021 passed by the Deputy Commissioner, Commercial Tax Department, Sikandrabad, Bulandshahar, under Section 74(9) of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as the 'Act'). 3. At the very outset, learned Additional...

ENKAY POLYMERS vs. STATE OF U.P. AND OTHERS


(Allahabad High Court | May 16, 2024)

ORDER HON'BLE SHEKHAR B. SARAF, J. 1. Heard Sri Praveen Kumar, learned counsel appearing on behalf of the petitioner and Sri Ravi Shanker Pandey, learned Additional Chief Standing Counsel appearing on behalf of the respondents. 2. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner is aggrieved by the order dated July 03, 2023 passed by the respondent No.2/Additional Commissioner, Grade-2 (Appeal)-IV, State Tax Ghaziabad rejecting the ...
ORDER 1. Heard Sri Atul Gupta, learned counsel for the petitioner and Sri Nimai Das, learned Additional Chief Standing Counsel for the State-respondents. 2. Challenge has been raised to the adjudication order dated 27.04.2024 imposing penalty under Section 129(1)(a) of the U.P. GST Act, 2017. 3. At the outset, a preliminary objection has been raised by Sri Nimai Das, learned Additional Chief Standing Counsel for the State-respondents as to availability of statutory alternative rem...

MOHIT KUMAR vs. UNION OF INDIA & OTHERS


(Allahabad High Court | May 15, 2024)

ORDER HON'BLE MOHD. FAIZ ALAM KHAN, J. 1. Heard Shri S.C. Mishra, learned Senior Advocate assisted by Shri Mukesh Kumar Tewari, Advocate, appearing for the accused-applicant -Mohit Kumar as well as Shri Dipak Seth, along with Shri Digvijay Nath Dubey, learned counsels appearing for the respondent- Union of India (Department of Revenue, Directorate of GST Intelligence, Lucknow Zonal Unit), and perused the record. 2. This bail application has been moved by the accused-appli...
1. The present writ petition has been filed, inter alia, challenging the orders dated 30th June 2023 and 19th September, 2023 both passed under Sections 107 of the GST Act, 2017 (hereinafter referred to as the “said Act”). 2. It is the petitioner’s case that it carries on business in the name and style of M/s R.S. Steel Company and in usual course of business dealings and transactions had been supplying goods from its registered place of business. When the petitioner was...

AMAR GENERAL STORE vs. THE STATE OF U.P. AND OTHERS


(Allahabad High Court | May 15, 2024)

ORDER HON'BLE SHEKHAR B. SARAF, J. 1. Heard Sri Vishwjit, learned counsel for the petitioner and Sri Ravi Shankar Pandey, learned Additional Chief Standing Counsel for the State. 2. This is a writ petition under Article 226 of the Constitution of India, wherein the petitioner challenges the order in original for cancellation of registration dated February 22, 2023 passed by the respondent No.3/Assistant Commissioner, State Tax, Kosikalan, Mathura and the order dated April 4, 2...

BMR ENTERPRISES vs. STATE OF UP AND OTHERS


(Allahabad High Court | May 14, 2024)

ORDER HON'BLE SHEKHAR B. SARAF, J. 1. Heard Sri Rahul Agrwal, learned counsel for the petitioner and Sri R.S. Pandey, learned Standing Counsel for the State. 2. This writ petition has been filed assailing the penalty order dated August 9, 2023 passed by respondent no. 3 and the order dated October 31, 2023 passed by appellate authority, respondent no. 4. 3. The petitioner before this Court is a registered dealer under the Goods and Service Tax Act, 2017 (hereinafter called...
HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Pranjal Shukla, learned counsel for the petitioner and Sri Vikram Soni, learned Additional Chief Standing Counsel. 2. By means of the instant petition filed under Article 226 of the Constitution of India, the petitioner has prayed for quashing of the order dated 16.07.2021 passed by the Deputy Commissioner, Commercial Tax, Division-1, Raebareli, Lucknow (B), whereby the tax liability and penalty has been imposed on the petitione...

AWADH AND COMPANY vs. STATE OF UTTAR PRADESH AND OTHERS


(Allahabad High Court | May 13, 2024)

ORDER HON'BLE SHEKHAR B. SARAF, J. 1. Heard learned counsel for the petitioner and the learned Additional Chief Standing Counsel for the State. 2. This is a writ petition under Article 226 of the Constitution of India, wherein the petitioner challenges the order in original for cancellation of registration dated March 2, 2022 passed by the respondent No.3/Assistant Commissioner, State Tax, Sector-3, Prayagraj and the order passed in appeal dated April 1, 2024 by respondent No....


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