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GST Case Laws

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O R D E R 1. The petitioner has filed the present petition, inter alia, impugning a Show Cause Notice dated 18.11.2020, calling upon the petitioner to show cause as to why its GST registration (No. GSTIN 07AAKPM6983C1ZF), not be cancelled. 2. The petitioner also impugns an order dated 27.11.2020, cancelling the petitioner’s registration, pursuant to the aforesaid Show Cause Notice. 3. The petitioner had filed an appeal against the said order dated 27.11.2020, which was rejec...
ORDER ( Per the Hon’ble the Chief Justice Ujjal Bhuyan ) Heard Mr. Narendra Kumar.T, learned counsel for the petitioner and Ms. B.Sapna Reddy, learned counsel for respondents No.1 to 3. Also heard Mr. V.Rajeshwar Rao, learned counsel for respondents No.4 and 6; and Mr. B.Mukherjee, learned counsel representing Mr. Gadi Praveen Kumar, learned Deputy Solicitor General of India representing respondent No.5. 2. By filing this petition under Article 226 of the Constitution of Ind...

GAIL (INDIA) LIMITED vs. UNION OF INDIA


(Gujarat High Court | Mar 9, 2023)

ORAL ORDER (PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) Heard learned advocate Mr. Akshat Khare for the petitioner and learned advocate Mr. Priyank Lodha for respondents no.1, 2 and 3. 2. By invoking the writ jurisdiction of this Court under Article 226 of the Constitution, the petitioner has prayed to set aside the order-in-origin dated 30.04.2021 passed by respondent no.3-Deputy Commissioner, Central Tax, GST Division-II, Vadodara. It is also prayed to set aside the order-in-appea...
O R D E R The petitioner is a dealer under the provisions of the Central Goods and Services Tax Act, 2017 (in short 'Act') in metal and steel scrap. The prayer is for a mandamus directing the respondents to enable the petitioner to rectify clerical errors in the details uploaded by it in Form GSTR -1 for the period 2017-18 and cause amendment of the Forms. 2. The petitioner has, in respect of the returns for a few months during the period 2017-18, admittedly, committed certain...

JCP AGRO PROCESS P LTD.


(Authority for Advance Ruling, Gujrat | Mar 9, 2023)

Brief facts: M/s. JCP Agro Process P Ltd, 358/2, Alkapuri Society, 36, Nr. Tower, Khadiyat, Kavitha, Anand-388545[for short -'applicant'] is registered under GST and their GSTIN is 24AAFCJ1399D1Z0. 2. The applicant, is engaged in the activity of procuring raw tobacco from farmers and consequent sale of unmanufactured tobacco. 3. The summary of the activity undertaken by the applicant, from the facts as mentioned in his application is as under viz:- Farmers sow sapl...

MANISHABEN VIPULBHAI SORATHIYA


(Authority for Advance Ruling, Gujrat | Mar 9, 2023)

Brief facts: M/s. Manishaben Vipulbhai Sorathiya, [Trade name : Autotech], A-14/8, Ground floor, Road Mp/ 7, Udhyognagar, Udhna, Surat- 394 210 [for short -'applicant'] is registered under GST and their GSTIN is 24HHZPS8418D1ZL. 2. The applicant, a proprietary concern is engaged in the business of manufacture & supply of floor mats for four wheel motor vehicles [cars]. The floor mats are essentially made of PVC [poly vinyl chloride] material. 3. The PVC floor mat as pe...
JUDGMENT VIBHU BAKHRU, J Introduction 1. The petitioner has filed the present petition impugning a show cause notice dated 28.02.2022 (hereafter ‘the impugned show cause notice’) and an order dated 30.03.2022 (hereafter ‘the impugned order’) passed under Section 74 of the Central Goods and Services Tax Act, 2017 (hereafter ‘the CGST Act’), pursuant to the impugned show cause notice. In terms of the impugned order, the Adjudicating Auth...

SRI SAI BALAJI ASSOCIATES vs. THE STATE OF ANDHRA PRADESH


(Andhra Pradesh High Court | Mar 7, 2023)

ORDER ( Per UDPR , J ) The challenge in this writ petition is to the notice under Section 70 (1) of GST Act, 2017 issued by the 3rd respondent to M/s. Sterlight technologies limited, Vishakapatnam who are the customers of the petitioner. 2. Heard learned counsel for petitioner Mr. G.V.Shivaji and learned Government Pleader for Commercial Taxes II. 3. The grievance of the petitioner as ventilated by learned counsel is that though the 3rd respondent in terms of Section 70 (1) of...
COMMON ORDER Mr.Haja Nazirudeen, learned Additional Advocate General, appearing for Mr.M.Venkateswaran, learned Special Government Pleader accepts notice for the respondent and is armed with instructions to proceed with the matter even at this juncture. Hence, by consent of both sides, these Writ Petitions are disposed finally even at the stage of admission. 2. The petitioner is a company engaged in the activity of civil construction and is registered under the provisions of the Tamil...

ASHU GUPTA vs. STATE OF HARYANA


(Punjab and Haryana High Court | Mar 3, 2023)

JASGURPREET SINGH PURI , J. (Oral) The present is a second petition filed under Section 439 of the Code of Criminal Procedure for the grant of regular bail to the petitioner in FIR No.123 dated 09.08.2019, under Sections 420, 467, 468, 471 IPC and Section 132 of the Goods & Services Tax Act, 2017 added later on, registered at Police Station Sector 20, Panchkula. It has been submitted by learned senior counsel for the petitioner that the petitioner is in custody for the last one ye...