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GST Case Laws


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ORDER The petitioner challenges an order dated 29.12.2023 by which the credit claimed and availed of by the petitioner under the Tamil Nadu Value Added Tax Act, 2006 (TNVAT Act) was held to be wrongly availed. 2. The petitioner was a registered dealer under the TNVAT Act and had claimed Input Tax Credit (ITC). In respect thereof, the petitioner asserts that two refund orders were issued for the period 01.06.2017 to 30.06.2017 and one refund order and for the period 01.07.2017 to 31.07...
COMMON ORDER The petitioner assails separate assessment orders, each dated 30.09.2023, in respect of assessment years 2017-2018, 2018-2019 and 2019-2020, respectively, in these three writ petitions. 2. The petitioner carries on trade in electrical products and hardware. By asserting that nil returns were erroneously and inadvertently filed in the GSTR-3B returns, the petitioner states that he is eligible for Input Tax Credit (ITC) in each of the above mentioned assessment periods and ...

SHRI NISHANT GOYAL vs. STATE OF HARYANA


(Punjab and Haryana High Court | Feb 20, 2024)

SANJIV BERRY, J. (ORAL) 1. By way of present petition filed under Section 438 Cr.P.C, the petitioner seeks anticipatory bail in case FIR (Annexure P-1) as under: - FIR No. Dated Sections Police Station 531 30.12.2020 120-B, 406, 409, 418, 419, 420, 465, 467, 468 and  471 IPC Sector 14, Gurugram. ...

SHREE SAI ENTERPRISES vs. STATE OF UP AND OTHERS


(Allahabad High Court | Feb 19, 2024)

ORDER HON'BLE SHEKHAR B. SARAF, J. 1. Heard Sri Aloke Kumar, learned counsel appearing on behalf of the petitioner and Sri Ravi Shanker Pandey, learned Additional Chief Standing Counsel appearing on behalf of the State. 2. This is a writ petition under Article 226 of the Constitution of India, wherein the petitioner is aggrieved by order dated December 16, 2021 passed by the respondent No.3/Assistant Commissioner State Taxt, Sector-8, Gorakhpur under Section 74 of the Uttar Pr...
ORDER The petitioner assails an order dated 29.12.2023 primarily on the ground that a personal hearing was not provided to the petitioner. 2. The petitioner is a construction equipment manufacturer and a registered person under applicable GST laws. Pursuant to an audit of the petitioner's books of accounts under Section 65 of applicable GST laws, a show cause notice dated 29.09.2023 was issued to the petitioner. Such notice was replied to on 24.10.2023 and a personal hearing was r...
JUDGMENT SANJEEV SACHDEVA, J (ORAL) 1. Petitioner impugns order dated 02.08.2023 whereby the GST registration of the petitioner was cancelled retrospectively with effect from 15.01.2022. Petitioner also impugns Show Cause Notice dated 20.07.2023. 2. Vide impugned Show Cause Notice dated 20.07.2023, petitioner was called upon to show cause as to why the registration be not cancelled for the following reasons:- “Others” 3. Petitioner was a proprietor of RAMP WELD...
JUDGEMENT HON'BLE SHEKHAR B. SARAF, J. 1. Heard Sri Nishant Mishra, learned counsel appearing on behalf of the petitioner and Sri Ravi Shankar Pandey, learned Additional Chief Standing Counsel for the respondents. 2. This is a petition under Article 226 of the Constitution of India, wherein the writ petitioner is aggrieved by the order passed in appeal dated June 22, 2019 and the order dated June 22, 2018 imposing penalty under Section 129(3) of the Uttar Pradesh Goods and Ser...
JUDGMENT [SANJEEV SACHDEVA, J. (ORAL) 1. Petitioner impugns Order-in-Appeal dated 16.02.2022 whereby the appeal filed by the Respondent Assistant Commissioner, Central Goods and Services Tax has been accepted and Order-in-Original dated 04.11.2020 has been set aside. The Appellate Authority has noticed that the issue pertains to the nature of services being provided by the Petitioner. The Appellate Authority records that the nature of services could be known from the service agreement...

ANIL KUMAR vs. UNION OF INDIA


(Rajasthan High Court | Feb 19, 2024)

JUDGMENT The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with Complaint No.DGGI/INV/122/2023-Gr-F O/o ADG-DGGI-ZU-Jaipur for the offence(s) under Section 132 (1) (b) (c) (f) and (l) of CGST Act, 2017. Learned counsel for the accused-petitioner submitted that the petitioner has been falsely implicated under Section 132 (1) (b) (c) (f) and (l) of CGST Act, 2017. The accused-petitioner is be...
ORDER The petitioner assails an order dated 16.08.2023 cancelling the GST registration of the petitioner. The petitioner was a registered person under applicable GST laws. According to the petitioner, he was unaware of the issuance of a show cause notice dated 15.06.2023 calling upon him to appear before the Commercial Tax Officer on 22.06.2023 in relation to the proposed cancellation of his GST registration. Since he was unaware of the show cause notice, it is stated that the petitioner ...


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