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GST Case Laws


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This intra court appeal is preferred by the 1st respondent in the writ petition, against the interim order dated 24.3.2021 passed by the learned Single Judge staying the directions contained in Clause 2(a) of Ext.P9. Ext.P9 directed the writ petitioner to furnish security in the form of a bank guarantee and also to furnish an undertaking in the form of an affidavit stating that the petitioner shall not alienate any of its fixed assets, plant, property and equipment shown in the balance sheet ...
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Attachment of Bank Accounts/Property

SUDHISH P.P. vs. STATE TAX OFFICER AND OTHER


(Kerala High Court | Aug 4, 2021)

2. Learned counsel appearing for the petitioner submits that the petitioner is a goldsmith by profession and he used to take orders from the jewellers for the purpose of manufacturing the gold ornaments on labour charge basis. It is further submitted that the petitioner wanted to display some ornaments to the jewellers for soliciting orders and accordingly went to Palakkad for obtaining job works from jewellers. He carried with him different types of gold ornaments for the purpose of display ...
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Confiscation of goods

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Interest and Penalty

Mr.TNC.Kaushik, learned Government Advocate accepts notice for the sole respondent/the Assistant Commissioner, Integrated Commercial Tax Office and is armed with instructions to proceed with the matter finally, even at the stage of admission. Thus, by consent expressed by both learned Counsel, this writ petition is disposed even at this juncture. 2. The petitioner is registered as a dealer on the file of the sole respondent in terms of the provisions of the Goods and Service Tax Act, 2017...
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Blocking of ITC

1. The Joint Commissioner of State Tax, Investigation Branch-B, Mumbai passed an order dated February 14, 2020 of provisional attachment of the petitioner’s bank account in exercise of power conferred by Section 83(1) of the Central Goods and Services Tax Act (hereinafter “the CGST Act”, for short) read with Rule 159(1) of the Central Goods and Services Rules (hereinafter “the CGST Rules”, for short) considering that proceedings initiated against the petitioner u...
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Attachment of Bank Accounts/Property

The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in Complaint File No. IV(06) 40/AE/JPR/2021 for offence under Section 132 of the Central Goods And Services Tax Act, 2017 (for brevity, "the Act of 2017") read with Sub-Section 5 of Section 132 of the Act of 2017. It is contended by learned counsels for the petitioners that a case was booked by the Office of Director General of Goods and Services Tax Intelligence, Jaipur Zo...
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Bail Application

Mr.TNC.Kaushik, learned Government Advocate accepts notice for R1 and is armed with instructions to proceed with the matter. In the light of the order that I propose to pass in this Writ Petition, no notice is necessary to be issued to R2. Hence, by consent of the learned counsel for the petitioner and the learned Government Advocate for R1, this Writ Petition is taken up for final disposal even at the stage of admission. 2. The petitioner seeks a Writ of Certiorari calling for the record...
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Other

DEEM DISTRIBUTORS PRIVATE LIMITED vs. UNION OF INDIA


(Telangana High Court | Aug 3, 2021)

The petitioner is a partnership firm and is registered under the Telangana GST Act, 2017, CGST Act, 2017 and IGST Act, 2017 and is involved in the business of dealing in goods and services relating to Ferrous waste and scrap, re-melting scrap ingots of iron or steel, flat rolled products of iron or non-alloy steel of a width of 600 mm or hot rolled, not clad, plated or coated etc. 2. In the instant case, the 4th respondent issued a letter dt.25.04.2019 to the petitioner saying that the pe...
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Input Tax Credit

1. The challenge in this writ petition is to an order dated May 17, 2021 passed by the Commissioner, CGST & Central Excise, Belapur Commissionerate, respondent no.3, under Rule 159(5) of the Central Goods and Services Tax Rules, 2017 (for short “the CGST Rules”, hereafter). By the impugned order, the respondent no.3 declined to lift the order of provisional attachment of the petitioner’s bank account, which was earlier ordered in purported exercise of power conferred by ...
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Attachment of Bank Accounts/Property

The prayer sought for herein is for a Writ of Mandamus, to direct the first respondent to refund the GST Component of ₹ 43,73,269/- to the petitioner pertaining to the period July 2017 to June 2021 along with interest at the rate of 18% per annum and to further direct the first respondent to pay the GST on lease rent along with lease rent. 2.The petitioner's case is that the first respondent is engaged in business of generation of power and accordingly proposed to set up a 50MW sola...
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Refund

1. The hearing has been conducted through video conferencing. 2. Present writ petition has been filed seeking direction to the Respondent to refund to the petitioner the amount of ₹ 1,35,30,255/-, being unutilized input tax credit for the months of October 2017 to July 2018 along with interest thereon. 2. Learned counsel for the Petitioner states that the present Petition arises on account of the failure of the Respondents to issue the refund due to the petitioner under the provisio...
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Refund



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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)