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AIRWIND GREEN ENERGY LIMITED vs. STATE OF GUJARAT


(Gujarat High Court | Jun 10, 2021)

1. The petitioner has preferred the present petition seeking mainly following reliefs: “12A.This Hon'ble Court may be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ or order quashing and setting aside impugned order of detention dated 19.04.2021 in Form GST-MOV-06 and Notice for confiscation of goods and conveyance dated 19.04.2021 in Form-GST-MOV-10 (annexed at Annexure A & Annexure-B); B. This Hon'ble Court may b...
1. This matter is taken up by video conferencing mode. 2. The short point for determination in the present writ petition is whether the Appellate Authority under the OGST Act, 2017, was justified in dismissing the Petitioner’s appeal, by the impugned order dated 10th March, 2021, on the grounds that the appeal was not presented within the time prescribed under law? 3. Notice. Mr.S.S. Padhy, Standing Counsel for the Revenue accepts notice for the Opposite Parties. 4. The basi...

DHARMENDRA M. JANI vs. UNION OF INDIA AND OTHERS


(Bombay High Court | Jun 9, 2021)

Judgment and Order : (Per Ujjal Bhuyan, J.) Heard Mr. Bharat Raichandani, learned counsel for the petitioner; Mr. Anil C. Singh, learned Additional Solicitor General of India alongwith Mr. Pradeep S. Jetly, learned senior counsel and Mr. J. B. Mishra, learned counsel for respondent Nos.1 to 4; also heard Mr. S. G. Gore, learned AGP for respondent No.5. 2. By filing this petition under Article 226 of the Constitution of India, petitioner has prayed for a declaration that section 13(8)(...
★ Intermediary Services
★ Export of Goods & Services
P.C. : (Per Ujjal Bhuyan, J.) Heard Mr. Rastogi, learned counsel for the petitioner; Mr. Anil C. Singh, learned Additional Solicitor General alongwith Mr. Pradeep S. Jetly, learned senior counsel and Mr. J. B. Mishra, learned counsel for respondent Nos.1, 3 and 4; and Mr. S. G. Gore, learned AGP for respondent No.2. 2. This petition filed under Article 226 of the Constitution of India seeks a declaration that section 13(8)(b) of the Integrated Goods and Services Tax Act, 2017 is illeg...
★ Intermediary Services
★ Export of Goods & Services

AJAJ AHAMAD vs. STATE OF ODISHA (CGST)


(Orissa High Court | Jun 9, 2021)

1. This matter is taken up by video conferencing mode. 2. Heard learned counsel for the petitioner and learned counsel for the State. 3. The petitioner being in custody in connection with 2 (C) CC Case No.51 of 2020 pending in the Court of the learned S.D.J.M., Rourkela for the alleged commission of offences under Sections 132(1)(b) 7 (c) of CGST Act, 2017. 4. It is alleged that on 29.2.2020 a search conducted at the office premises of one Santosh Kumar Gupta, Proprietor of M/s. P...

RAJEEV MISHRA vs. STATE OF ODISHA AND ANOTHER


(Orissa High Court | Jun 8, 2021)

1. The petitioner, presently in custody, has filed the instant bail application under Section 439 of the Code of Criminal Procedure, 1973 corresponding to 2(c) CC Case No.03 of 2020 pending in the Court of the learned Judicial Magistrate First Class (Rural), Cuttack. The petitioner herein is the accused in connection with alleged commission of offences punishable under Section 69 read with Sections 132(1)(b), 132 (1)(c) and 132(1)(i) of the Odisha Goods and Services Tax Act, 2017. Prior to th...

SWASTIK INTERNATIONAL vs. UNION OF INDIA


(Gujarat High Court | Jun 8, 2021)

1. The petitioner, by way of present petition under Article 226 of the Constitution of India, has sought direction against the respondent authorities to sanction the refund of IGST, aggregating to ₹ 5,81,199/-, paid in regard to the goods (Agro Food Products and Spices), exported i.e. 'Zero Rated Supplies' made vide shipping bills in question. Mr. D. K. Trivedi, learned advocate for the petitioner, submitted that despite repeated representations made by the petitioner to t...
Learned counsel for the parties desire the matter be taken up today. Petitioner has prayed for the following relief(s):- a) For holding and a declaration that the provision of law incorporated under section 16(4) of the Central Goods And Services Tax Act 2017 (hereinafter referred to as the central act for short) as well as Bihar Goods And Services Tax Act 2017 (hereinafter referred to as the state act for short) is ultra vires provisions of 265 of the Constitution of India; b) Fo...

HARISH CHANDRA MAJHI vs. STATE OF ODISHA & OTHERS


(Orissa High Court | Jun 7, 2021)

1. The Office Memorandum dated 10th December, 2018 of the Finance Department under Annexure-3 prescribing guidelines for the implementation of GST (Goods and Services Tax) in works contract in post-GST regime with effect from 1st July, 2017, the Revised Schedule of Rates-2014 (Revised SoR-2014) under Annexure-8 and the demand notice issued under Section 61 of the Odisha Goods and Services Act (OGST Act) has been questioned in the present writ petition and connected batch of cases. The prayers...
1. This matter is taken up by video conferencing mode. 2. The short point for determination in the present writ petition is whether the Appellate Authority under the OGST Act, 2017, was justified in dismissing the Petitioner’s appeal, by the impugned order dated 10th March, 2021, on the grounds that the appeal was not presented within the time prescribed under law? 3. Notice. Mr. Sunil Kumar Mishra, Standing Counsel for the Revenue accepts notice for the Opposite Parties. 4....