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Heard Sri Suyash Agarwal, learned Counsel for the petitioner and Sri Manish Goyal, learned Additional Advocate General assisted by Sri C.B. Tripathi, learned Standing Counsel for the State. This writ petition has been filed by the petitioner seeking a writ of certiorari quashing the notice dated 22.11.2017 issued u/s 129(3) of UPGST Act as well as order dated 30.11.2017 passed u/s 129 (3) of the Act by which the respondent no.4 has directed the petitioner to deposit the penalty in excess ...

Jan 5, 2018  

Heard Shri R.R. Kapoor, learned counsel for the petitioner and Shri C.B. Tripathi, learned Standing Counsel for the respondent. This writ petition has been filed by the petitioner to challenge the seizure order dated 16.12.2017 passed under Section 129(1) U.P. GST Act (hereinafter referred to as the 'Act') as well as the consequential notice dated 16.12.2017 passed under Section 129(3) of the Act. The ground for making seizure of goods is that the E-Way Bill had not been downl...

Jan 4, 2018  

By consent, the Writ Petition itself is taken up for final disposal. 2. The petitioner seems to have been aggrieved by the improper implementation of Integrated Goods and Services Tax Act and the Central Goods and Services Tax Act, which were passed during the year 2017. 3. The writ petition was entertained on 28. 08. 2017 and the learned Additional Government Pleader, who accepts notice on behalf of the fifth respondent, has undertaken to file counter-affidavit. 4. When the matte...

Jan 3, 2018  

Heard Sri Aloke Kumar, learned counsel for the petitioner and Sri C.B. Tripathi, learned counsel for the respondents. This writ petition has been filed to challenge the seizure order dated 06.12.2017 by which the petitioner's goods mainly TMT rod had been seized while it were being imported by the petitioner from West Bengal. At the stage of seizure, a show cause notice was issued and seizure order was passed pursuant thereto. The only ground found recorded to effect seizure is that t...

Dec 22, 2017  

Heard Sri Rahul Agarwal learned counsel for the petitioner and Sri C.B. Tripathi learned special counsel for the revenue. The affidavit of service dated 19.12.2017 filed on behalf of respondent no.6 by the learned Special Counsel Sri C.B. Tripathi today in court, is taken on record. After the amendment made in the writ petition, the petitioner seeks to challenge the penalty order dated 28.10.2017 as also the order dated 15.10.2017 by which certain goods which the petitioner was transporti...

Dec 21, 2017  

Heard Shri Suyash Agrawal, learned counsel for the petitioner and Shri C.B. Tripathi, learned Standing Counsel for the respondent. This writ petition has been filed by the petitioner to challenge the order dated 11.11.2017 passed under Section 129(1) of UPGST Act (hereinafter referred to as the 'Act') and the penalty notice dated 11.11.2017 issued under Section 129(3) of the Act. Learned counsel for the assessee Shri Suyash Agrawal states that the petitioner was engaged in tra...

Dec 19, 2017  

Petitioner seeks release of the goods detained by the first respondent under Section 129 of the Central Goods and Services Tax Act as also the Kerala State Goods and Services Tax Act. 2. It is seen that an identical matter has been disposed of by a Division Bench of this Court in W.A.No.1802 of 2017, directing expeditious completion of the adjudication of the matter and permitting release of the goods detained pending adjudication in terms of Rule 140(1) of the Kerala Goods and Services T...

Dec 18, 2017  

The applicant, M/s. Guru Cold Storage Pvt. Ltd., has referred to notification No. 11/2017-Central Tax (Rate) dated 28.06.2017, which inter-alia provides rate of tax as NIL for ‘support services to agriculture, forestry, fishing, animal husbandry’, and submitted that in their opinion, ‘Agricultural Produce’ includes all cereals, pulses, fruits, nuts and vegetables, spices, copra, sugar cane, jaggery, raw vegetables fibers such as cotton, flax, jute, indigo, unmanufactur...

Dec 13, 2017  

1. The applicant M/s. Power Build Private Limited has submitted that in manufacturing of ‘Geared Motors’, Electric Motors are assembled with Gear Boxes manufactured by them. Commercially, a Gearbox cannot have any use without being rotated and coupled with motor affixed to it. Utility of motor is to facilitate the running of any machine or conveyors in industries, whereas the speed of motor is fixed and it needs to be controlled, Gears are used to control the speed of final machin...

Dec 13, 2017  

The petitioner has come up in this writ petition against the seizure of goods under Section 129(1) of Uttar Pradesh Goods and Service Tax Act, 2017. The goods of the petitioner under transit have been seized for the reason that it was not accompanied by proper E-Way Bill. The submission of learned counsel for the petitioner is that the E-Way Bill duly filled up was accompanying the goods. It was not possible to generate it unless it is fully filed up. The non filling of the vehicle nu...

Dec 8, 2017