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GST Case Laws

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It is submitted by the learned counsel for the petitioner that impugning Ext.P10, he has preferred an appeal before the appellate authority under the GST Act and also remitted the necessary appeal fee. Taking note of the said submission, the writ petition is disposed by relegating the petitioner to his alternative remedy of pursuing the appeal before the appellate authority. It is made clear, however, that the Bank Guarantee furnished by the petitioner (Ext.P12) at the time obtaining a releas...
: Detention of Vehicle & Goods

M/S BHAWANI TEXTILE vs. ASSISTANT COMMISSIONER


(Gujarat High Court | Dec 21, 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 issue writ or in the nature of a mandamus or any other appropriate writ, order or direction to respondent No.1. Respondent No.2 and Respondent No.3 for allowing revocation of cancellation of registration. (b) Issue appropriate writ/order/direction to Respondent No.1. Respondent No.2 and Respondent No.3 to allow the petitioner to avail credit...
: Cancellation of Registration

JAYMINBHAI RAMESHBHAI PATEL vs. UNION OF INDIA


(Gujarat High Court | Dec 21, 2020)

1. We have heard Mr. Hasit Dave, the learned counsel appearing for the writ applicant. The subject of challenge in the present litigation is to the show cause notice dated 18.09.2020 issued by the respondent no. 2 under Section 130 of the CGST Act, 2017. 2. After arguing the matter for some time and as this Court was not inclined to interfere at the this stage of show cause notice, Mr. Dave, made a request that he may be permitted to withdraw this writ application leaving it open for him ...
The petitioner has prayed for following relief(s): “1(a) For issuance of writ or order in the nature of certiorari for quashing of the order number 19319 dated 25.02.2020 passed by the respondent number 2 under section 75(12) read with section 50(2) of the Bihar Goods And Services Tax Act, 2017 (hereinafter referred to as the act for short), and the consequential demand notice/summary of order issued in form GST DRC- 07 dated 29.02.2020 being ex-parte and as such violative of the pr...
: Demand & Interest
In all these Writ Petitions, the issue that is raised while impugning the orders passed by the 2nd respondent, is that the 2nd respondent did not maintain a record of personal hearing at the time of disposal of the appeals preferred by the petitioners against orders of the original authority. In the Writ Petition, it is the case of the petitioners that in connection with the procedure stipulated for hearing appeals through video conferencing during the Covid-19 pandemic period, the respondent...
: Principle of Natural Justice
: Opportunity of being heard
The identical appellant is before us challenging the judgment of a learned Single Judge refusing to interfere with two separate orders of detention. The learned Senor Government Pleader submits that the goods detained have already been released on Bank guarantee. Adjudication proceedings were commenced and in one of the cases, final order has been passed. The learned Counsel appearing for the appellant vehemently argues that the proceedings initiated itself are without jurisdiction. The goods...
: Detention of Vehicle & Goods

M.S. MEGHDOOT LOGISTICS vs. COMMERCIAL TAX OFFICER


(Karnataka High Court | Dec 21, 2020)

The petitioner has impugned the Show Cause Notice dated 07.09.2020 bearing No.ADCOM/ENF/SZ/CTO(Enf) 09/VTS/MOV-10/No.8/2020-21 [Annexure-A) issued by the Commercial Tax Officer [Enforcement] South Zone-9, Bengaluru – 560 047 - the respondent - under Section 130 of the Central Goods and Services Tax Act, 2017/ the Karnataka Goods and Services Tax Act, 2017 and Section 20 of Integrated Goods and Services Tax Act, 2017 /Section 11 of the Goods and Services Tax (Compensation to States) Act,...
: Detention of Vehicle & Goods

COMSOL ENERGY PRIVATE LIMITED vs. STATE OF GUJARAT


(Gujarat High Court | Dec 21, 2020)

1. By this writ-application under Article 226 of the Constitution of India, the writ-applicant has prayed for the following reliefs : “A) that this Hon’ble Court be pleased to issue a writ of certiorari or a writ in the nature of certiorari, or any other appropriate writ, order or direction calling upon the required proceedings in relation to the impugned “Deficiency Memo” in prescribed FORM RFD-03 vide Nos.ZD240720008807J and ZD240720008830U both dated 17.07.2020 ...
: Refund

MEERA TUBES PVT. LTD.


(Authority for Advance Ruling, Uttar Pradesh | Dec 21, 2020)

1. M/s Meera Tubes Pvt. Ltd. C-15, Bulandshaher Road Industrial Area, Ghaziabad, Uttar Pradesh 201009 (here in after referred to as the applicant) is a registered assessee under GST having GSTN: 09AAACM7896F1ZO. 2. The applicant is engaged in “Fabricating Tank” for M/s. Indian Oil Corp. Ltd. (hereinafter referred to as “IOCL”) U.P. State Office-2 (which covers Moradabad, Agra & Noida Divisional offices) and for Delhi & Haryana State office (which covers Gur...
Heard Shri Kavin Gulati, learned Senior Advocate assisted by Shri Prashant Shukla and Ankur Sehgal, learned Advocates for the petitioner; Shri Shashi Nandan, learned Senior Advocate assisted by Shri Udayan Nandan and Shri Ajay Sondhi, learned Advocates for the respondent no. 6 and Shri Rajnish Kumar Rai, learned Advocate for the respondent nos. 1 to 5 (Railways). The petitioner herein is a company registered under the provisions of the Indian Companies Act having its registered office at ...