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1. The short question involved in this writ petition is, whether the petitioner is entitled to be issued C-Form under the Central Sales Tax Act, 1956 read with the Central Sales Tax (Registration and Turnover) Rules, 1957 in respect of high speed diesel purchased by it in the course of inter-State trade and used by it in the course of manufacturing of cement, after the promulgation of the Central Goods and Services Tax Act, 2017 with effect from 1-7-2017. 2. According to the petitioner, i...

May 18, 2018  

The petitioner has approached this Court under Articles 226 /227 of the Constitution of India, for issuance of a writ in the nature of Mandamus directing the respondent Department to clarify implementation of Goods and Service Tax and e-bill on Renting Shuttering Material to builders, contractors and individuals or in the alternative to decide the representation dated 05.04.2018 (Annexure P-1). Learned counsel for the petitioners stated that petitioners filed a representation dated 05.04....

May 17, 2018  

GE DIESEL LOCOMOTIVE PVT. LTD


(AAR | Uttar Pradesh)

M/s. GE Diesel Locomotive Private Limited, Locomotive Shed Roza, Post Roza RS, Shahjanpur, Uttar Pradesh (hereinafter called the applicant) is a registered assessee under GST having GSTN : 09AAGCG1589HIZA. 2.  The applicant is engaged in the business of import and manufacture of rail locomotive engines for supply to Indian Railways. The applicant had made a bid for a tender floated by the Indian Railways for supply of locomotive engines and their comprehensive maintenance. In pursuan...

May 16, 2018  

The State has come up on appeal challenging the interim order passed by the Single Bench ordering release of a vehicle along with goods, which were detained allegedly for evasion of SGST and CGST. The learned Single Judge ordered release of the vehicle and goods by executing a simple bond. The State challenges the order, since it is passed overlooking Rule 140 of the SGST Rules. On a reading of Rule 140, we are of the view that the impugned order has to be modified. In the absence of any chal...

May 15, 2018  

A consignment of marble, granite slabs and tiles that was being transported at the instance of the petitioner was detained by the respondent. Ext.P3 is the detention notice issued to the petitioner under Section 129(3) of the CGST/SGST Act, 2017. It is the case of the petitioner that the defect indicated in Ext.P3 notice is only a technical one, and therefore ought not to have been a reason for detaining the goods especially when it was not proved that there was any attempt at evasion of tax ...

May 15, 2018  

Against Ext.P1 assessment order, petitioner preferred Ext.P2 appeal before the 2nd respondent. Along with the appeal, the petitioner had also preferred Ext.P3 stay petition. The 2nd respondent has now passed Ext.P4 order on the stay petition directing the petitioner to pay 20% of the tax and interest as a condition for the grant of stay against recovery of the balance amounts confirmed against the petitioner vide Ext.P1 assessment order. 2. In the writ petition, the petitioner impugns the...

May 15, 2018  

1. The petitioner is a registered dealer under the Chhattisgarh Goods and Services Tax Act, 2017and providing coal mining, logistics and other allied services to mainly Coal India Ltd.. The petitioner filed its last return for the period from 1st April, 2017 to 30th June, 2017 under the Chhattisgarh Value Added Tax Act, 2005 for pre-GST regime and it has shifted to the GST regime after coming into force of the new Act with effect from 1st July, 2017. 2. According to Rule 117 of the Chhatt...

May 14, 2018  

The present writ has been filed impugning order dated 25.10.2017 passed by the Excise and Taxation Officer of State Tax, Hansicum- Proper Officer, under Section 129(1)(a) of Haryana Goods and Services Tax/Central Goods and Services Tax of the Act, 2017. The writ petition was filed on 27.11.2017 with a grievance that under the Act no Appellate Authority has been constituted. On 29.11.2017, learned State counsel was asked to apprise the status of constitution of the Appellate Authority unde...

May 14, 2018  

1. The petitioner is a registered dealer under the Chhattisgarh Goods and Services Tax Act, 2017 and carries on the agricultural related business of pesticides, fertilizers and seeds. The petitioner filed its last return for the period from 1st April, 2017 to 30th June, 2017 under the Chhattisgarh Value Added Tax Act, 2005 for pre-GST regime and it has shifted to the GST regime after coming into force of the new Act with effect from 1st July, 2017. The petitioner has preferred this writ petit...

May 14, 2018  

(A) SUBMISSION OF APPLICANT 1. M/s TP Ajmer Distribution Limited ('TPADL' or 'Applicant' or 'the Company’); having Goods and Services Tax (‘GST') Registration No. 08AAGCT2158P1ZR and is engaged in the business of distribution of electricity; has submitted that, 1.1 The Tata Power Company Limited ('TPCL') has signed a Distribution Franchisee Agreement ('DFA') with Ajmer Vidyut Vitran Nigam Limited ('AVVNL') to cater to the pow...

May 11, 2018