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In the wake of the Pandemic Covid-19, the case was taken up through Video Conferencing. 2. The petitioner being in custody in 2(C).C.C. No.170 of 2018, pending in the Court of the learned S.D.J.M., Panposh, Rourkela, has filed this petition for his release on bail. The offences alleged against him are punishable under Sections 132(1)(b) and 132(1)(l) of the Central Goods and Services Tax Act, 2017. 3. I have heard learned counsel for the petitioner and Mr. Tushar Kanta Satap...

Nov 4, 2020  

This Writ Petition has been filed challenging the assessment order passed by the second respondent on 08.11.2019. The petitioner has challenged the impugned assessment order on the ground that it is ex-facie, arbitrary and illegal and amounts to gross violation of principles of natural justice. 2. Heard Mr.B.Rooban, learned counsel appearing for the petitioner and Mrs.J.Padmavathi Devi, learned Special Government Pleader appearing for the respondents. 3. It is the contention of the pe...

Nov 4, 2020  

1. The present Report dated 19.06.2019 has been received from the Applicant No. 3 i.e. the Director-General of Anti-Profiteering (DGAP) after a detailed investigation under Rule 129 (6) of the Central Goods & Service Tax (CGST) Rules, 2017. The brief facts of the case are that vide their applications dated 09.10.2018 and 16.12.2019 filed before the Standing Committee on Anti-profiteering under Rule 128 (1) of the CGST Rules, 2017, the Applicant No. 1 and 2 had alleged profiteering by the ...

Nov 4, 2020  

Petitioner has prayed for the following relief(s):- “a) For issuance of a writ in the nature of certiorari for quashing of an appellate order dated 05.03.2020 issued vide memo number 51 Bhagalpur whereby the appeal preferred by the petitioner has been rejected; b) For issuance of a writ in the nature of certiorari for quashing of the ex parte order of assessment dated 14.09.2019 issued vide reference number 690 in form GST ASMT- 13 by the Respondent No. 3.   c) For hold...

Nov 4, 2020  

1. Petitioners have filed these bail applications under Section 439 of Cr.P.C. 2. Case No. IV(06)121/AE/Alwar/2020 was registered for offence under Section 132(1)(b)(c)(f) of Central Goods and Services Tax Act, 2017. 3. It is contended by counsel for the petitioner- Hemant Kumar Singhal that case of the petitioner would not travel beyond Section 132(1)(f) of C.G.S.T. Act, the maximum punishment for which as provided under the Act is only six months. It is contended that petitioner has...

Nov 4, 2020  

1. By way of the present petition, a challenge is laid to the jurisdiction, authority and legality of the action of the Respondents initiated in terms of Rule 5A of the Service Tax Rules, 1994, read with Section 174(2)(e) of the Central Goods and Services Tax Act, 2017 [hereinafter referred to as the “CGST Act”], for conducting audit/verification of documents and records at the business premises of the Petitioner for the period of F.Y. 2014-15 to 2016-17 (up to June 2017) or for t...

Nov 3, 2020  

The petitioner has approached this Court aggrieved by Ext.P14 order passed against him under Section 74 of the GST Act. In the writ petition, the case of the petitioner is essentially that, proceedings were earlier initiated against him for penalty under Section 122 of the GST Act and the said proceedings culminated in Ext.P5 order dated 25.4.2019 imposing a penalty on the petitioner for contravention of the provisions of the Statute. It is his case therefore that inasmuch as the petitioner h...

Nov 3, 2020  

This matter is taken up through Video Conferencing because of COVID-19 pandemic. Heard Mr. B. Panda, learned counsel for the petitioner and Mr. M.S. Sahoo, learned Additional Government Advocate for the State. By way of this writ petition, the petitioner has challenged action of the opposite parties in not reimbursing the differential tax amount arising out of change in tax regime from Value Added Tax (VAT) to Goods and Service Tax (GST) with effect from 01.07.2017 and has also prayed...

Nov 3, 2020  

The petitioner claims to be a Company engaged in manufacture of P.U. foam sheets and P.U. mattress and is registered with the tax authorities. The petitioner further claims that the petitioner is entitled to the input tax credit in terms of the provisions of the Act. Learned counsel for the petitioner further argues that manner to claim transitional credit is prescribed under Rule 117 of CGST Rules and Rule 117 of the U.P. GST Rules. It is argued that in terms of the said Rules, the credit ca...

Nov 3, 2020  

1. The brief facts of the present case are that the Applicant No. 2 (here-in-after referred to as the DGAP) vide his Report dated 28.11.2018, furnished to this Authority under Rule 129 (6) of the Central Goods & Services Tax (CGST) Rules, 2017, had submitted that he had conducted an investigation on the complaint of the Applicant No. 1 and found that the Respondent had not passed on the benefit of additional Input tax Credit (ITC) to the above Applicant as well as other home buyers as per...

Nov 3, 2020