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GST Case Laws

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1. We have heard Dr. Avinash Poddar, the learned counsel appearing for the writ applicants. 2. The subject matter of challenge in this writ application is (i) Order of seizure in Form GST INS-02 (ii) Order of prohibition in Form GST INS-03 and (iii) Intimation of payment made voluntarily or made agianst the Show Cause Notice of Statement in Form GST DRC-03. Dr. Poddar would submit that the entire action of the authorities is not in accordance with law and the goods which are perishable in...
Heard Mr. Nankani, learned senior counsel along with Mr. Prithwiraj Choudhary, learned counsel for the petitioner and Mr. Mishra, learned counsel for the respondents. 2. Though the writ petition was hotly contested by the respondents by filing a number of affidavits and was also heard at length, because of subsequent development it may not be necessary for an adjudication into the rival contentions as the grievance of the petitioner has been substantially met by administrative instruction...


(Kerala High Court | Oct 27, 2020)

The petitioner is a dealer in automobiles and was registered as such under the erstwhile Kerala Value Added Tax Act (hereinafter referred to as 'the KVAT Act). With the introduction of the GST Act with effect from 01.07.2017, he had applied for a registration under the said Act and by Ext.P1 certificate dated 28.06.2017, he was granted a provisional registration in terms of Section 139 (1) of the said Act. It is the case of the petitioner that, thereafter, with a view to getting a permane...
★ Registration
1. Heard Mr.Ishaan Patkar, learned counsel for the petitioner; and Mr.Jetly, learned senior counsel for respondent No.1. 2. On 15th October, 2020, we had passed the following order:- “2 Petitioner before us is the Confederation of GST Professionals and Industries, primarily comprising of Chartered Accountants and GST Professionals. 3 Principal relief claimed in the Petition is for a direction to the Respondents to allow/extend the time limit for submitting Forms GSTR-9 and 9...
CM APPL.17144/2020 Allowed, subject to just exceptions. W.P. (C) 4750/2020 1. The petition has been heard by way of video conferencing. 2. Present writ petition had been filed challenging the notice for rejection of application for refund dated 5th December, 2019 along with corrigendum dated 18th December, 2019 and to direct respondent no.3 to refund the amount wrongly forfeited from the pending refund application of the petitioner. 3. Petitioner had also sought a declarat...
★ Refund
1. The hearing has been conducted through Video Conferencing. 2. These petitions challenges the bail order dated 26.08.2020 passed by the learned Additional Sessions Judge, Rohini District Court in Bail Application No.2907/2020 wherein the anticipatory bail was granted to the respondents herein. 3. The impugned order is challenged on the ground the learned ASJ, Rohini had no jurisdiction to pass such order and the jurisdiction lies with the learned ACMM and/or learned ASJ, Patiala Hou...
★ Bail Application


(Gujarat High Court | Oct 23, 2020)

1 We have heard Shri Manasvi Thapar, learned counsel for the writ-petitioner and Shri Chintan Dave, learned Assistant Government Pleader appearing for the State respondent. 2 The present petition under Article 226 of the Constitution of India has been preferred assailing the correctness of the detention order dated 05.01.2020 passed under Section 129(1) of the Central Goods and Services Act, 2017 (hereinafter referred to as, `GST Act’), the detention / confiscation notice dated 16.0...
★ Detention of Vehicle & Goods
These three appeals have been filed under Section 107 of the Central Goods and Service Tax Act, 2017 by M/s State Bank of India, Tilak Marg, C-Scheme, Local Head Office, Jaipur-302005 (hereinafter also referred to as "the appellant") against the Orders-in-Original (hereinafter as "the impugned orders") passed by the Assistant Commissioner, Central Goods & Service Tax Division-H, Jaipur (hereinafter called as the "adjudicating authority") as mentioned below. A...
☗ Services (financial)
★ Refund
1. The petition has been heard by way of video conferencing. 2. Present writ petition has been filed primarily challenging the final order dated 11th May, 2020 passed by National Anti-profiteering Authority (hereinafter referred to as ‘NAPA’) wherein it has been held that the petitioner profiteered ₹ 38,64,891/- during the period 15th November, 2017 to 31st March, 2019. 3. Learned counsel for the petitioner contends that the calculation done by the Director General of An...


(Andhra Pradesh High Court | Oct 22, 2020)

The petitioners implore for writ of mandamus declaring the order dated 04.02.2020 passed by 1st respondent confiscating 69 Kgs of silver ornaments worth ₹28,00,000/- and directing the petitioners to pay tax of ₹84,000/- (Central Tax and State Tax), penalty of ₹84,000/- and fine of ₹26,32,000/- in lieu of confiscation, as without authorization as contemplated under Section 67 of the Central Goods and Service Act, 2017 (for short, ‘CGST Act’), arbitrary, without jurisdiction...
★ Attachment of Bank Accounts/Property