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GST Case Laws


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ORDER 1. Heard Sri J.N. Nagar, learned Senior Counsel assisted by Sri Pratik J. Nagar, learned counsel for the petitioner and Sri Ravi Shanker Pandey, learned Additional Chief Standing Counsel for the State. 2. This is a writ petition under Article 226 of the Constitution of India, wherein the petitioner challenges the order in original for cancellation of registration dated February 1, 2021 and the order dated January 19, 2024 passed in appeal under Section 107 of the Uttar Pradesh G...
ORDER 1. Having heard learned counsel for the petitioner and Sri Ankur Agarwal learned Standing Counsel for the respondents, it remains undisputed that the petitioner's registration under the UPGST Act, 2017 was cancelled on 13.4.2022 w.e.f. 28.2.2022. It is not the case of the revenue that the said registration has ever been revived or that the petitioner ever sought revival of that registration. 2. In view of the above, it does merit acceptance that the petitioner was not obliga...
ORDER The petitioner assails an order dated 09.09.2021 rejecting the refund claim of the petitioner. 2. The petitioner is a company engaged in providing design, engineering, procurement, supply and related services in respect of large construction projects. As per Section 13 of the Tamil Nadu Value Added Tax Act, 2006 (the TNVAT Act), the employer was required to deduct TDS while making payments to contractors, such as the petitioner, and the contractor was entitled to adjust the TDS ...
ORDER This matter is taken up through hybrid mode. 2. Mr. Sunil Mishra, learned Standing Counsel (CT & GST) appearing on an advance notice states that as long as delay in filing the revocation application is condoned, and provided the Petitioner complies with all the requirements of paying the taxes, interest, late fee, penalty etc. due, the 3B Return Form filed by the Petitioner will be accepted by the Opposite Parties. 3. In that view of the matter, the delay in Petitioner&r...
JUDGMENT Petitioner impugns show cause notice dated 08.12.2023  whereby a demand is proposed to be created against the petitioner. 2. Learned counsel for the petitioner submits that the respondent-proper officer has not complied with the provisions of Rule 142 (1) of the Central Goods and Services Tax Rules 2017 by giving an opportunity to the petitioner to respond in Form GST/DRC-01A or to pay the amount of tax. He further submits that the show cause notice does not bear any sig...
1. This intra court appeal by the writ petitioner is directed against the order passed by the learned Single Bench dismissing the writ petition filed by the appellant challenging the order passed by the authorities imposing penalty under the provisions of the WBGST Act on the ground that the e-way bill generated by the appellant for transporting the articles for export to Bangladesh had expired and, therefore, on the date and time when the vehicle was intercepted, the vehicle did not have a v...

KALEIDOSCOPE vs. STATE OF WEST BENGAL & OTHERS


(Calcutta High Court | Feb 6, 2024)

1. We have heard learned counsel for the parties present. 2. This intra-court appeal filed by the writ petitioner is directed against the order dated 09.01.2024 passed in WPA 29214 of 2023. The writ petition was dismissed on the ground that there are disputed questions of fact. Aggrieved by such order, the appellant has preferred the present appeal. 3. It is submitted that a show cause notice was issued to the appellant under Section 74(1) of the WBGST Act, 2019 read with Rule 142(1) ...
ORDER The petitioner challenges an order of cancellation of registration dated 15.06.2023 and seeks revocation thereof. 2. By asserting that the petitioner was in the business of supplying construction materials and could not file returns from May 2023 on account of ill-health, the present writ petition is filed. 3. Learned counsel for the petitioner submits that the petitioner endeavoured to file GST returns and presented an appeal against the cancellation of registration in Nove...
ORDER Heard learned advocates appearing for the parties. By this writ petition petitioner has made prayer for relief of direction upon the CGST/WBGST authority concerned to refund the amount in question alleged to be forcibly recovered/collected through DRC-03 by the DGGI. Mr. Banerjee, learned advocate representing the respondent authority concerned submits that for claiming the refund in question petitioner will have to make an application under Section 54 of the CGST Act before...
ORDER HON'BLE ALOK MATHUR, J. 1. Heard Shri Aditya Pande, learned counsel appearing for petitioner, learned Standing Counsel appearing for the State and perused the material available on record. 2. By means of the present petition, the petitioner has assailed the order dated 3.11.2020 passed by the Additional Commissioner Grade-2 (Appeal), Nyayik Sambhag (Legal Division)- Fourth, Commercial Tax, Lucknow thereby rejecting the appeal preferred by the petitioner and confirming th...


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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)