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GST Case Laws


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PARADEEP PHOSPHATES LTD. vs. THE UNION OF INDIA


(Patna High Court | Aug 30, 2023)

JUDGMENT ( Per : HONOURABLE THE CHIEF JUSTICE ) In the present case, the assessment order was dated 24.02.2021 and petitioner without approaching appropriate authorities has directly moved the present writ petition. 2. The Hon’ble Supreme Court in Suo Motu Writ Petition (C) No. 3 of 2020, In Re: Cognizance For Extension of Limitation due to the pandemic situation, limitation was saved between 15.03.2020 till 28.02.2022. It was also directed that an appeal could be filed with...

SATHESS KUMAR vs. THE DEPUTY STATE TAX OFFICER-2


(Madras High Court | Aug 30, 2023)

ORDER This writ petition is filed for writ of Certiorarified Mandamus, to quash the impugned order dated 25.07.2023 passed by the respondent, as illegal and gross violation of the principles of natural justice and further, to direct the respondent to re-do the assessment after considering the reply and providing sufficient opportunity for personal hearing to the petitioner as per the provisions of the GST Act. 2. The contention of the petitioner is that he has submitted a reply on 24....
P.C. This petition under Article 226 of the Constitution is fled praying for the following reliefs:- “a) That that this Hon’ble Court be pleased to issue a writ of Certiorari or a writ in the nature of Certiorari or any other appropriate writ under Article 226 of the Constitution of India, calling for records pertaining to the impugned intimation dated 08.03.2022 issued u/s. 73(5) of the Act by Respondent No. 2 for period 2018-19 (being Exhibits ‘’hereto) and a...

LAVANYA METAL PROCESS vs. THE STATE TAX OFFICER


(Madras High Court | Aug 30, 2023)

ORDER Ms.Amirtha Poonkodi Dinakaran, learned Government Advocate takes notice on behalf of the respondent. 2. The petitioner has challenged the impugned order Reference No.ZD330323026344W dated 06.03.2023 passed by the respondent. 3. It is the submission of the learned counsel for the petitioner that the impugned order has been passed in gross violation of principles of natural justice as the impugned order preceded a Show Cause Notice dated 18.01.2023 but has concluded the procee...
ORAL JUDGMENT PER: HONOURABLE THE CHIEF JUSTICE In the present case, the assessment order was dated 09.10.2021 and petitioner without approaching appropriate authorities has directly moved the present writ petition. 2. The Hon’ble Supreme Court in Suo Motu Writ Petition (C) No. 3 of 2020, In Re: Cognizance For Extension of Limitation due to the pandemic situation, limitation was saved between 15.03.2020 till 28.02.2022. It was also directed that an appeal could be filed...
ORDER Heard Shri Pranjal Shukla, learned counsel for the petitioner and Shri Ankur Agarwal learned counsel for State respondents. The writ petition has been filed seeking issuance of a writ of Mandamus commanding the respondent authorities to condone the delay and permit the petitioner to file ITC-01 FORM to avail its eligible ITC or input lying on the stock as on date. A further prayer commanding the respondent no. 2 to decide the representation of the petitioner dated 27.04.2023 wit...
VIBHU BAKHRU, J. 1. The petitioner has filed the present petition impugning an order dated 06.07.2023 passed by the Appellate Authority (Commissioner of Central Tax Appeals-II, Delhi), whereby the petitioner’s appeal against an order dated 28.03.2023 passed by the Proper Officer, was rejected. 2. The Proper Officer had passed the said order dated 28.03.2023 rejecting the petitioner’s application for revocation of cancellation of his GST registration. 3. The petitioner&...
JUDGMENT ( Per : HONOURABLE THE CHIEF JUSTICE ) The instant writ petition has been filed under Article 226 of the Constitution of India seeking multifarious reliefs. 2. The petitioner essentially is desirous of availing statutory remedy of appeal against the impugned order before the Appellate Tribunal (hereinafter referred to as "Tribunal") under Section 112 of the Bihar Goods and Services Tax Act (hereinafter referred to as "B.G.S.T. Act"). 3. However, du...
ORDER 1. The petitioners seek an appropriate declaration being entered by the Court holding that Rule 5A of the Service Tax Rules 1994 [the Rules] would be ultra vires the provisions of the Finance Act 1994 [the Act]. A further declaration is sought that Rule 5A has lapsed and does not survive after the introduction of the Central Goods and Services Tax Act 2017 [CGST]. 2. For the sake of brevity and since the challenge flows on identical lines in all the writ peti...

SANTOSH TRADERS vs. STATE OF U.P. & OTHERS


(Allahabad High Court | Aug 28, 2023)

ORDER 1. Heard learned counsel for the parties and perused the material brought on record. 2. The present petition has been filed by the petitioner challenging the order dated 14.07.2021 passed against the petitioner, whereby demand has been quantified and imposed against the petitioner as disclosed in the said order for the period April 2018 to March 2019 in respect of SGST and CGST respectively along with tax and penalty imposed upon the petitioner as well as the order 26.12.2022 wh...