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This order will dispose of the above noted three writ petitions. 2. We have heard Mr. Anand Sachwani alongwith Mr. Brijesh Pathak, learned counsel for the petitioners; and Mr. P.S. Jetly, learned senior counsel alongwith Mr. J.B. Mishra, learned counsel for the respondents. 3. In Writ Petition (St.) No.5670 of 2020 M/s Dunox Trading and Exports Private Limited, a private limited company having its registered office at Andheri (W), Mumbai is the petitioner and has filed the writ petiti...

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  

Petitioner has prayed for the following relief (s) : "a. For issuing writ/writs, order/orders quashing the Demand Order (Summary of Order) dated 29.06.2020 issued in FORM GST DRC - 07 having order No. 217 issued by Respondent No.3. b. For issuing writ/writs, order/orders including the writ of certiorari directing the Respondents to produce the assessment order passed by them relevant to this case and quash the same. c. For issuing writ/writs, order/orders including the writ o...

Sep 21, 2020  

PROCEEDINGS (Under Section 101 of the CGST Act, 2017 and the KGST Act, 2017) 1. At the outset we would like to make it clear that the provisions of CGST, Act 2017 and SGST, Act 2017 are in pari materia and have the same provisions in like matter and differ from each other only on a few specific provisions. Therefore, unless a mention is particularly made to such dissimilar provisions, a reference to the CGST Act would also mean reference to the corresponding similar pro...

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  

Dated this the 17th day of September, 2020 Vinod Chandran, J An investigation was ordered and commenced into the affairs of a group concern going under the Family name of "Chungath" all engaged in jewellery business. The appellants refute the allegation that all concerns are related since different members of a large family are carrying on separate entities. Be that as it may, the State Tax Officer at Ernakulam was entrusted with the continuation of proceedings after raids were cond...

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