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M/S. SREE MARUTHI TRADERS vs. THE STATE TAX OFFICER, (INSPECTION CELL) TIRUNELVE..

(Madras High Court | Oct 28, 2020)

These writ petitions have been filed challenging the impugned show cause notices issued in respect of three assessment years namely 2017-2018, 2018-2019 and 2019-2020. 2. Heard Mr.B.Brijesh Kishore, learned counsel for the petitioner. Mrs.J.Padmavathi Devi, learned Special Government Pleader accepts notice on behalf of the respondent. 3. By consent of both parties, these writ petitions are taken up for hearing at the admission stage itself. 4.It is the case of the petitioner that ...

AVANTI PATEL vs. M/S. STARBUCKS COFFEE

(National Anti Profiteering Authority | Oct 28, 2020)

1. The brief facts of the present case are that under Rule 128 (1) of the Central Goods and Services Tax (CGST) Rules, 2017, an application was filed by the Applicant No. 1 against the Respondent before the Standing Committee on Anti-profiteering alleging that the Respondent had not passed on the benefit of reduction in the GST rate on restaurant service when it was reduced from 18% to 5% w.e.f. 15.11.2017 without benefit of ITC and he had increased the base prices of the food items sold by h...

GANGA RAM vs. STATE OF PUNJAB AND ANOTHER

(Punjab and Haryana High Court | Oct 28, 2020)

HARNARESH SINGH GILL, J. (ORAL) Case is taken up for hearing through video conferencing. The petitioner has filed this petition under Section 439 of Cr.P.C. for grant of regular bail in criminal complaint No. A.C. No. 22 of 2020 dated 18.08.2020, registered under Sections 132(1)(b)(c) of the Punjab Goods and Service Tax Act, pending before the learned Judicial Magistrate 1st Class, Amloh. Learned counsel for the petitioner states that the petitioner is a businessman and has falsely be...

CONFEDERATION OF GST PROFESSIONALS AND INDUSTRIES vs. UNION OF INDIA AND ANR.

(Bombay High Court | Oct 27, 2020)

1. Heard Mr.Ishaan Patkar, learned counsel for the petitioner; and Mr.Jetly, learned senior counsel for respondent No.1. 2. On 15th October, 2020, we had passed the following order:- “2 Petitioner before us is the Confederation of GST Professionals and Industries, primarily comprising of Chartered Accountants and GST Professionals. 3 Principal relief claimed in the Petition is for a direction to the Respondents to allow/extend the time limit for submitting Forms GSTR-9 and 9...

MADHAV MOTORS vs. STATE TAX OFFICER AND OTHERS

(Kerala High Court | Oct 27, 2020)

The petitioner is a dealer in automobiles and was registered as such under the erstwhile Kerala Value Added Tax Act (hereinafter referred to as 'the KVAT Act). With the introduction of the GST Act with effect from 01.07.2017, he had applied for a registration under the said Act and by Ext.P1 certificate dated 28.06.2017, he was granted a provisional registration in terms of Section 139 (1) of the said Act. It is the case of the petitioner that, thereafter, with a view to getting a permane...

KLT AUTOMOTIVE AND TUBULAR PRODUCTS LIMITED vs. UNION OF INDIA AND OTHERS

(Bombay High Court | Oct 27, 2020)

Heard Mr. Nankani, learned senior counsel along with Mr. Prithwiraj Choudhary, learned counsel for the petitioner and Mr. Mishra, learned counsel for the respondents. 2. Though the writ petition was hotly contested by the respondents by filing a number of affidavits and was also heard at length, because of subsequent development it may not be necessary for an adjudication into the rival contentions as the grievance of the petitioner has been substantially met by administrative instruction...

MISHKAT AGRO INDUSTRIES PRIVATE LIMITED vs. CHIEF COMMISSIONER

(Gujarat High Court | Oct 27, 2020)

1. We have heard Dr. Avinash Poddar, the learned counsel appearing for the writ applicants. 2. The subject matter of challenge in this writ application is (i) Order of seizure in Form GST INS-02 (ii) Order of prohibition in Form GST INS-03 and (iii) Intimation of payment made voluntarily or made agianst the Show Cause Notice of Statement in Form GST DRC-03. Dr. Poddar would submit that the entire action of the authorities is not in accordance with law and the goods which are perishable in...

STATE BANK OF INDIA vs. ASSISTANT COMMISSIONER CENTRAL GOODS AND SERVICE T..

(First Appellate Authority, Jaipur | Oct 23, 2020)

These three appeals have been filed under Section 107 of the Central Goods and Service Tax Act, 2017 by M/s State Bank of India, Tilak Marg, C-Scheme, Local Head Office, Jaipur-302005 (hereinafter also referred to as "the appellant") against the Orders-in-Original (hereinafter as "the impugned orders") passed by the Assistant Commissioner, Central Goods & Service Tax Division-H, Jaipur (hereinafter called as the "adjudicating authority") as mentioned below. A...

M/S LAKSHAY LOGISTICS vs. STATE OF GUJARAT

(Gujarat High Court | Oct 23, 2020)

1 We have heard Shri Manasvi Thapar, learned counsel for the writ-petitioner and Shri Chintan Dave, learned Assistant Government Pleader appearing for the State respondent. 2 The present petition under Article 226 of the Constitution of India has been preferred assailing the correctness of the detention order dated 05.01.2020 passed under Section 129(1) of the Central Goods and Services Act, 2017 (hereinafter referred to as, `GST Act’), the detention / confiscation notice dated 16.0...

DIRECTORATE GENERAL OF GST INTELLIGENCE vs. PRAKASH CHAND GOLCHA, HARISH KUMAR BAID

(Delhi High Court | Oct 23, 2020)

1. The hearing has been conducted through Video Conferencing. 2. These petitions challenges the bail order dated 26.08.2020 passed by the learned Additional Sessions Judge, Rohini District Court in Bail Application No.2907/2020 wherein the anticipatory bail was granted to the respondents herein. 3. The impugned order is challenged on the ground the learned ASJ, Rohini had no jurisdiction to pass such order and the jurisdiction lies with the learned ACMM and/or learned ASJ, Patiala Hou...

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