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GST Case Laws

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   4,862 Results

GULAM RASOOL KHAN vs. UNION OF INDIA


(Telangana High Court | Nov 29, 2021)

Heard learned counsel for the parties. 2 Petitioner has challenged legality and validity of the order in original dated 24.6.2021 passed by the Deputy Commissioner, Begum Bazar GST Division, Hyderabad, i.e. respondent No.5. 3 The said order has been passed under Section 73 (1) of the Central Goods and Services Tax Act, 2017 (CGST Act) r/w corresponding provision of Section 73 (1) of the Telangana Goods and Services Tax Act, 2017. It may be mentioned that the aforesaid order was passed...

SHIVAKANT vs. STATE OF U.P. AND OTHERS


(Allahabad High Court | Nov 29, 2021)

Heard Shri Shivakan (petitioner) is present in person. In this writ petition, it has been directed against the order of seizure assessment under the relevant G.S.T. Act vide order impugned dated 17.09.2021 passed by respondent no. 3. A copy of order dated 17.09.2021 has been annexed as Annexure-2 to the writ petition whereby the Assistant Commissioner (Mobile Squad)-2nd Kanpur Nagar as far order wherein Vehicle No. U.P.78 BT 2746 (Three Wheeler) and the owner of the vehicle was Janardan. ...

VARINDER SINGH vs. DIRECTORATE GENERAL OF GST INTELLIGENCE


(Punjab and Haryana High Court | Nov 29, 2021)

The petitioner is an accused in the alleged commission of offence under Section 132(1)(b) of Central Goods & Services Act, 2017 (for short 'CGST Act, 2017), punishable under sub-clause(i) of Section 132(1) of CGST Act, 2017, who was released on regular bail under Section 167(2) Cr.P.C. vide order dated 24.2.2021 (Annexure P-1), passed by the Chief Judicial Magistrate, Ludhiana,  subject to his fulfilling certain conditions including executing bail bonds/surety bonds etc., but con...
Heard Shri Shubham Agrawal, learned counsel for the petitioner and Shri Jagdish Mishra, learned Standing Counsel for the respondents. The contention of the learned counsel for the petitioner is that good were being transported in a truck to Hazrat Nizamuddin Junction in Delhi for their onwards transportation by rail to Nipani in Kartanaka State. However, the vehicle was intercepted and seizure order was passed. The contention is that invoice and bilty were produced by the driver, however,...

GURDIT DANG vs. STATE OF ODISHA


(Orissa High Court | Nov 26, 2021)

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the 2nd journey of the Petitioner who is in custody in connection with No. P.R.02 of 2021-22 dated 09.07.2021 of the CT & GST Enforcement Unit, Rourkela, corresponding to 2(C) CC Case No. 32 of 2021 on the file of learned S.D.J.M., Panposh, Rourkela running for commission of offences punishable under section 132 (1)(b)(c) and (1) of Odisha Goods and Services Tax Act, 2017 (for short called as ...
1. The petitioner has approached this Court by way of the instant application under Section 438 of the Criminal Procedure Code, 1973 (hereinafter referred to as “Code”) seeking anticipatory bail in a matter pertaining to Section 132 of the Central Goods and Services Act, 2017 (hereafter referred to as the “CGST Act”) in File Number DZU/INV/A/GST/894/2021. Another Application bearing CRL. M.A. - 16552/2021 has also been filed before this Court under Section 438 read wit...
The petitioner has challenged the impugned show cause notices issued under Section 129(3) of the Central Goods and Services Tax Act, 2017 on the ground that there is predetermination and therefore, the show cause notices issued by the respondent are liable to be quashed. 2.In this connection, the learned counsel appearing on behalf of the petitioner has placed reliance on the decision of the Hon'ble Supreme Court made in the case of ORYX Fisheries Private Limited v. Union of Indi...

B.S. MINERALS vs. STATE OF ODISHA AND OTHERS


(Orissa High Court | Nov 25, 2021)

01. 1. This is the second writ petition by the same Petitioner i.e. M/s B.S. Minerals on the issue of denial of refund of unutilized input tax credit (ITC) against export of iron ore fines for which the export duty is nil as a result of an exemption notification. 2. In earlier writ petition of the Petitioner i.e. W.P.(C) No.26685 of 2021, the challenge was to two instructions dated 8th June and 25th June 2021 issued by the Joint Commissioner of CT and GST (Law) at Cuttack instructing Circ...
1. The petitioner in this petition under Article 226 of the Constitution of India, approaching this Court being aggrieved by an order in Appeal passed by the respondent No.3 and in absence of GST Appellate Tribunal as per the provisions of Section 109 and 110 of the Gujarat Goods and Service Tax Act, 2017, Second Appeal is not feasible to be filed. Refund sanction order passed by the respondent No.2 as aggrieved the petitioner on account of non-payment of the interest thereon. The prayers sou...
1. The dispute in the present writ petition lies in a narrow compass and relates to the rejection of the petitioners claims for budgetary support under a “Scheme of Budgetary Support under Goods and Service Tax” regime on the ground that the claims were made for the period prior to the registration which is impermissible. 2. The writ petitioner is engaged in the manufacture and supply of pharmaceutical products at their unit situated in Sikkim. They seek to challenge four orde...