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GST Case Laws

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The petitioner submits that he has filed a declaration in FORM GST TRAN-1 on 18.09.2017. It is submitted that the petitioner had sought to revise it in light of an error which was not possible to rectify due to technical difficulty. 2. It is further submitted that in light of the order dated 19.11.2019 passed by this court in W.P.No.33290/2019 and connected matters (Asiad Paints Limited v. Union of India), the present petition also requires to be allowed on the same te...

Mar 15, 2021  

1. RULE. Learned APP Mr.H..K.Patel waives service of Rule on behalf of respondent No.1 and learned Advocate Mr. Ankit Shah waives service of Rule on behalf of respondent No.2. 2. This petition is filed against order dated 01.10.2020 passed by the Chief Judicial Magistrate, Vadodara in Criminal Misc. Application No.2636 of 2020, whereby, while enlarging the applicant on bail (on default bail), a condition was imposed to deposit an amount of 50% of the total amount of ₹ 9,43,50, 223/-, wh...

Mar 15, 2021  

1. Present writ petition is directed against the order dated 14.09.2020 passed by the Additional Commissioner, Grade-II (Appeal), Commercial Tax, Aligarh. By that order, the said appeal authority has dismissed the petitioner's appeal filed under Section 129(3) of the Uttar Pradesh Goods & Services Tax Act, 2017 (hereinafter referred to as the 'Act') as time barred. 2. Undisputedly, the appeal was filed with a delay of 14 months and 3 days. The delay was sought to be explai...

Mar 15, 2021  

1. In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court. 2. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs: "a) Permit and allow the Petitioner to revise/correct/file afresh declaration in GST Form TRAN-1 to enable it to claim transitional credit of eligible duties to the tune of ₹ 7,89,421/- (Rupees Seven Lakhs Eighty Nine Thousand Four Hundred and Twenty One On...

Mar 15, 2021  

1. Heard Ms. Upasna Agarwal, Advocate holding brief of Sri Rahul Agarwal, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The present petition has been filed by the petitioner against the order dated 6.1.2021 passed by the Additional Commissioner, Grade-2 (Appeal)-I, Commercial Tax, Kanpur. By that order, the first appeal authority has partly allowed the assessee's appeal and reduced the penalty treating the petitioner to be the owner of t...

Mar 15, 2021  

ANURAG AGGARWAL vs. STATE TAX OFFICER


(Punjab and Haryana High Court)

CRM No.5091 of 2021 Dismissed as having been rendered infructuous. Main Case The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in a case registered by the State Tax Officer, Ludhiana under Section 132 (1) (c) of the Central GST Act, 2017 and Punjab GST Act, 2017. Learned counsel appearing for the petitioner herein would contend that he has been arrested on 10.11.2020 in a case registered by the Sales Tax Officer, Ludhiana...

Mar 15, 2021  

ARUN GUPTA vs. STATE TAX OFFICER


(Punjab and Haryana High Court)

The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in a case registered by the State Tax Officer, Ludhiana under Section 132 (1) (c) of the Central GST Act, 2017 and Punjab GST Act, 2017. Learned counsel appearing for the petitioner herein would contend that he has been arrested on 10.11.2020 in a case registered by the Sales Tax Officer, Ludhiana under Section 132 (1) (c) of the Central GST Act, 2017 and Punjab GST Act, 2017 on accou...

Mar 15, 2021  

ANKIT MAHAJA vs. STATE OF PUNJAB


(Punjab and Haryana High Court)

The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.09 dated 21.08.2020 under Sections 7, 7A, 8 of Prevention of Corruption Act, 1988 and Sections 420, 465, 467, 468, 471 and 120-B IPC at Police Station Vigilance, SAS Nagar (Mohali). Learned senior counsel for the petitioner would contend that the petitioner herein has been wrongly implicated in the said matter and is in custody since 24.12.2020. It is argued that the en...

Mar 15, 2021  

RAKESH GARG vs. STATE OF HARYANA AND ANOTHER


(Punjab and Haryana High Court)

The instant petition has been filed under Section 482 Cr.P.C., for quashing of FIR No.321, dated 19.07.2019, under Section 132 of the Central Goods and Services Tax Act, 2017 and Sections 420, 467, 468 & 471 IPC, registered at Police Station Sector 50, Gurugram (Annexure P-1) along with consequential proceedings arising therefrom. It has been inter alia contended that no doubt petitioner was the Managing Director of M/s Moksh Alloys Pvt. Ltd., Gurugram (hereinafter referred to as '...

Mar 12, 2021  

NARINDER CHUGH vs. UNION OF INDIA AND OTHERS


(Punjab and Haryana High Court)

The petitioner has filed the writ petition challenging the vires of Sections 69 and 132 of Central Goods and Services Tax Act 2017 (hereinafter to be referred as ‘the Act of 2017’). He has inter alia prayed for interim relief during the pendency of the writ petition as non-bailable warrants have been issued by the competent authority. His apprehension is that as he appears before the concerned authority, he may be taken in custody. Mr. Rohatgai, learned Senior Counsel for the peti...

Mar 12, 2021