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GST Case Laws


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ORDER The petitioner assails an assessment order dated 13.07.2023 and proceedings consequential thereto. The petitioner asserts that he was carrying on trade in the wholesale and retail of bags under the name and style of M/s.Aaron Traders. Upon deciding to close the business, it is stated that an application for cancellation of the GST registration was submitted on 10.10.2022 to the third respondent; such application was accepted and an order of cancellation was issued on 23.11.2022. The...

R. SUBRAMANIAM vs. THE DEPUTY STATE TAX OFFICER


(Madras High Court | Feb 9, 2024)

ORDER By this writ petition, the petitioner assails the summons issued under Section 70 of the Tamil Nadu Goods and Services Tax Act, 2017 in relation to the imposition of GST under the reverse charge mechanism on the seigniorage paid by the petitioner to the Government. 2. Mr.V.Prasanth Kiran, learned Government Advocate, accepts notice on behalf of the respondent. He has placed on record the recent judgment of the Division Bench of this Court in a batch of writ petitions, A.Ven...

B. SIVAKUMAR vs. THE STATE OFFICER & OTHERS


(Madras High Court | Feb 9, 2024)

COMMON ORDER W.P. No. 11637 of 2020 has been filed by the petitioner for a composite relief to quash the Impugned Orders both dated 05.05.2020 for the Assessment Years 2017-2018 & 2018-2019. 2. Considering the fact that the petitioner has filed a composite writ petition, Court had given liberty to the petitioner to file a separate writ petition for the separate Assessment Year 2018-19, so that separate orders can be passed based on the available records that have been filed by the...
ORDER UPON hearing the counsel the Court made the following. 1. Having heard the learned counsel for the petitioners, we are not inclined to interfere. 2. Special Leave Petition is accordingly, dismissed. 3. Pending application(s), if any, shall stand disposed of. ...
ORDER (PER HON’BLE SRI JUSTICE P.SAM KOSHY) The instant writ petition has been filed by the petitioner which is a company engaged in the business of construction activities. The relief sought for in the instant writ petition is for a direction by way of a writ of Mandamus declaring that the transfer of development rights of land by the land owners to the petitioner by way of a Joint Development Agreement (for short ‘JDA’) should be treated as sale of land by the land...

NAVYA NUCHU


(Authority for Advance Ruling, Telangana | Feb 9, 2024)

1. M/s. Navya Nuchu, H.NO.1-1-19, Brindavan Colony, Near Bank of India, Malkajgiri, Hyderabad, Telangana-500047 (36ACPPN2902H1ZJ) has filed an application in FORM GST ARA-01 under Section 97(1) of TGST Act, 2017 read with Rule 104 of CGST/TGST Rules. 2. At the outset, it is made clear that the provisions of both the CGST Act and the TGST Act are the same except for certain provisions. Therefore, unless a mention is specifically made to any dissimilar provisions, a reference to the CGST Ac...
In this writ petition filed under Article 226 of the Constitution of India, the petitioner seeks the following relief: “pleased to issue Writ of Mandamus or any other appropriate Writ or Order or direction declaring the action of the 1st Respondent in issuing Form GST DRC-13 dated 25.01.2024 to the Canara Bank of the V Petitioner directing to pay a sum of Rs. 1,77,12,294/ to the Government forthwith or upon the money becoming due or being held in compliance of the provisions contain...
1. Petitioner seeks direction to respondent to cancel the GST registration of the petitioner with effect from 16.01.2021 and impugns order dated 08.02.2021 whereby the GST registration of the petitioner was cancelled retrospectively with effect from 11.09.2017. 2. Vide Show Cause Notice dated 29.01.2021, petitioner was called upon to show cause as to why the registration be not cancelled for the following reasons:- “Collects any amount as representing the tax but fails to pay th...
1. Petitioner seeks direction to respondent to cancel the GST registration of the petitioner with effect from 31.03.2020 and impugns order in appeal dated 29.12.2023 whereby the appeal filed by the petitioner has been dismissed solely on the ground of limitation. 2. Petitioner filed the appeal impugning order dated 30.09.2022 whereby the GST registration of the petitioner was cancelled retrospectively with effect from 01.07.2017. Petitioner also impugns order dated 08.10.2020 whereby the ...
ORDER (PER HON’BLE SRI JUSTICE P.SAM KOSHY) Heard Mr. Karan Talwar, learned counsel for the petitioner; Mr. Dominic Fernandez, learned Senior Standing Counsel for CBIC appearing for respondent Nos. 1 to 3; Ms. C. Rohini Smitha, learned Assistant Government Pleader for Commercial Taxes appearing for respondent No. 4 and Mr. B. Mukerjee, learned counsel appearing on behalf of Mr. Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing for respondent No. 5. Perused ...


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20 Apr

☑ Monthly | GSTR-3B

GSTR-3B for the m/o Mar 2024 (Monthly Taxpayer - Rule 61) - Either Compulsory taxpayer > 5 cr. or Voluntary taxpayer < 5 cr.

☑ Monthly | GSTR-5A

GSTR-5A for the m/o Mar 2024 [Return by OIDAR Service Providers - Rule 64.]

22 Apr

☑ Quarterly | GSTR-3B

GSTR-3B for the Quarter Jan - Mar 2024 (QRMP Taxpayer < 5 Cr - Rule 61) - Category I States.

* State Category I - Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana or Andhra Pradesh or the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands and Lakshadweep.

24 Apr

☑ Quarterly | GSTR-3B

GSTR-3B for the Quarter Jan - Mar 2024 (QRMP Taxpayers < 5 Cr - Rule 61) - Category II States.

* State Category II - Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha or the Union territories of Jammu and Kashmir, Ladakh, Chandigarh and Delhi.

25 Apr

☑ Half-Yearly | ITC-04

ITC-04 for the half year (Oct - Mar 2024) (For taxpayers > 5 Cr. Turnover) - Rule 45.

☑ Annual | ITC-04

ITC-04 for the FY 2023-24 (For taxpayers upto 5 Cr. Turnover) - Rule 45.

28 Apr

☑ Monthly | GSTR-11

GSTR-11 for the m/o Mar 2024 (Statement of inward supplies by persons having Unique Identification Number (UIN)).

30 Apr

☑ Annual | GSTR-4

GSTR-4 (Annual Return) for FY 2023-24 by Composite Taxpayer (Rule 62).

☑ Quarterly | QRMP

Last date for opt-in / opt-out QRMP Scheme for quarter Apr - June 2024 (Rule 61A)