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1. This matter is taken up by video conferencing mode. 2. This is a second round of litigation. Earlier, the Petitioner had filed W.P. (C) No.32366 of 2020, which was disposed of at the stage when a show cause notice (SCN) having been issued to the Petitioner on 14th October, 2020 by the Opposite Parties i.e. GST and Central Excise Department. 3. By an order dated 25th January 2021, this Court had directed that after hearing the Petitioner an order should be passed on the SCN not late...

AVON UDHYOG vs. STATE OF RAJASTHAN AND OTHERS


(Rajasthan High Court | Jul 5, 2021)

1. By way of present writ petition, petitioner has challenged notice-cum-order dated 04.02.2021, vide which, petitioner’s registration certificate has been suspended. 2. Informing the requisite facts of the case, Mr. Sharad Kothari, learned counsel for the petitioner, stated that a search was conducted on petitioner’s premises on 03.02.2021, in furtherance whereof, respondent No.4 issued a notice dated 04.02.2021, proposing to cancel petitioner’s registration certificate...

ELORA TOBACCO COMPANY LTD. vs. THE COMMISSIONER AND OTHERS


(Madhya Pradesh High Court | Jul 5, 2021)

In this petition filed under article 226 of the Constitution of India, the petitioner has prayed for following relief:- “1) To direct the respondents to release the seized books and records necessary for running the factor of the petitioner. 2) To remove the seal of the factory premises with immediate effect. 3) To allow present petition with costs. 4) Any other relief as this Hon'ble court deems fit may kindly be granted in favour of the petitioner.” 2. Du...
Appellant is aggrieved by the direction of the learned Single Judge to the IT Redressal Committee of the GST Council to consider petitioner’s request for the transition of unavailed input tax credit in accordance with law. 2. The writ petition was filed by the respondent herein, seeking a direction for credit of the input tax balance lying in the writ petitioner’s CENVAT Credit Ledger as on 30-06-2017 to its Electronic Credit Ledger under the GST regime. It was pleaded that, t...
This petition is filed under Section 438 of Cr.P.C., by the petitioners to release them on anticipatory bail in the event of arrest by the respondent. 2. Learned counsel for the respondent Sri. Amit Deshpande has filed a memo stating that the quantum of amount involved is below ₹ 5 crores and therefore, the offence alleged is bailable offence under Section 132 of CGST Act. He would submit that in view of the same, the petition is not maintainable. 3. He has also submitted that petit...
Petitioner has prayed for the following relief(s): “i) For issuance of a writ in the nature of Certiorari or any other appropriate writ or order for quashing of order-in-appcal dated 17/03/2021 passed in Appeal case No. GY/GST-10/2020-21 along with summary of demand in Form GST APL-04 dated 17/03/2021 passed by the respondent no. 4, the Additional Commissioner of State Taxes (Appeal), Magadh Division, Gaya, Bihar, whereby the appeal of the petitioner was dismissed, and further be pl...
Petitioner has prayed for the following relief(s): a. for issuing writ of certiorari for quashing the order dated 13.03.2020 Summary of Order (demand order issued in FORM GST DRC 07) dated 13.03.2020 issued for the tax period March 2019 wherein a demand of tax of ₹ 22,53,341.00/-, interest of ₹ 120,013/- and penalty of ₹ 2,25,333/- totalling to ₹ 25,98,687/- for IGST, CGST and SGST has been levied against the petitioner. b. For issuing writ/writs, order/orders including the wr...
All petitioners are Resident Welfare Associations (RWA) in apartment complexes, barring one individual, who is a resident in an apartment. 2. The petitioner in W.P.No.27100 of 2019 challenges an order of the Authority for Advance Ruling (AAR) levying tax on the entirety of the contribution by him to a RWA and the petitioners in W.P.Nos.5518 and 1555 of 2020 and 30004 of 2019 challenge Circular No.109/28/2019 dated 22.07.2019, also on the same issue. 3. We are concerned with the period...
Petitioner is a transporter. The goods being transported by the petitioner along with the vehicle have been detained by the State GST authorities at Churaibari border on the ground that out of the two e-way bills generated by the petitioner validity of one of them had expired. Learned counsel for the petitioner pointed out that one of the bills had validity up to 22nd June, 2001. On account of the vehicle in which the goods were being transported breaking down in Assam there was some dela...

SANTOSH KUMAR GUPTA vs. UNION OF INDIA & ANOTHER


(Orissa High Court | Jun 30, 2021)

1. The matter is taken up by video conferencing mode. 2. The Petitioner being in custody in connection with 2(C) C.C. Case No.47 of 2020 pending in the Court of learned S.D.J.M., Rourkela for commission of offence under Section-132(1)(b)(e)(f)(i)(j)(l) of the Central Goods Services Tax Act, 2017 (CGST Act) has filed this application under Section-439 of the Cr.P.C. for his release on bail. 3. Mr.A. Pattanaik, learned counsel for the Petitioner submitted that the case against the Petit...