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GST Case Laws

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1 By way of this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs: “A. This Hon'ble Court may be pleased to issue a writ of mandamus or a writ in nature of mandamus or any other appropriate writ or order directing the learned respondents to forthwith release truck number MH18BG3887. B. This Hon'ble Court may be pleased to issue a writ of mandamus or a writ in nature of mandamus or any other appropria...

Mar 5, 2021  

Mr.ANR.Jayaprathap, learned Government Advocate accepts notice for the respondents and is armed with instructions to proceed in the matter. Hence, by consent expressed by both parties, these Writ Petitions are disposed finally even at the stage of admission. 2. The challenge is to an order dated 03.12.2019 (W.P.No.5301 of 2021) cancelling the registration of the petitioner in terms of the provisions of the Tamil Nadu Goods and Service Tax Act, 2017. As against the aforesaid order, the pet...

Mar 5, 2021  

1 By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs: “A. This Hon'ble Court may be pleased to issue a writ of mandamus or a writ in nature of mandamus or any other appropriate writ or order directing the learned respondents to forthwith release truck number MH48AG7266. B. This Hon'ble Court may be pleased to issue a writ of mandamus or a writ in nature of mandamus or any other appropriate writ...

Mar 5, 2021  

1 By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs: “A. This Hon'ble Court may be pleased to issue a writ of certiorari or a writ in nature of certiorari or any other appropriate writ, order or direction quashing and setting aside detention order dated 31.8.2019 in Form GST MOV-6 (annexed at Annexure A) and confiscation notice dated 31.8.2019 in Form GST MOV-10 (annexed at Annexure B). B. This Ho...

Mar 5, 2021  

1 The short point involved in the present writ application is whether the interest under Section 50(1) of the Central Goods and Services Tax Act, 2017 can be levied on the gross amount or net amount. 2 It is brought to our notice that in the recent budget of 2021-22, an amendment has proposed under Section 103 of the Finance Act to be made applicable with retrospective effect that the interest shall be payable only on the amount where the tax has to be paid in cash and the tax which has b...

Mar 5, 2021  

1 By way of this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs: “A. This Hon'ble Court may be pleased to issue a writ of mandamus or a writ in nature of mandamus or any other appropriate writ or order directing the learned respondents to forthwith release truck number GJ-03-AX-5727. B. This Hon'ble Court may be pleased to issue a writ of mandamus or a writ in nature of mandamus or any other approp...

Mar 5, 2021  

Mr.S.Gurumoorthy, learned Senior Panel Counsel accepts notice for R1 and R2 and Mr.N.Nithiyanandan, learned counsel accepts notice for R3 to R5, and both learned counsel are armed with instructions to proceed in the matter. By consent expressed by both parties, this Writ Petition is disposed finally even at the stage of admission. 2. What is challenged is a communication dated 06.02.2021, whereunder the Neyveli Lignite Corporation (NLC) calls upon its Units/Officers to recover the amounts...

Mar 4, 2021  

1. Since the issues raised in both the captioned writ applications are the same, those were taken up for hearing analogously and are being disposed of by this common order. 2. For the sake of convenience, the Special Civil Application No.12019 of 2019 is treated as the lead matter. 3. By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs: “(A) Your Lordships may be pleased to issue a writ of certiorar...

Mar 4, 2021  

1. By this Misc. Civil Application, the applicant – original petitioner has prayed for the following relief :- “A. This Hon'ble Court may be pleased to clarify that the “bond” as mentioned in order dated 8.2.2021 is not required to be accompanied by bank guarantee/security and that the goods/vehicle are required to be released on the basis of challan and bond as submitted by the Applicant.” 2. While disposing of the main matter i.e. Special Civil Appl...

Mar 4, 2021  

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 20.08.2020 issued vide memo number 220 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 31.08.2019 issued vide reference number 28 in form GST ASMT-13 by the respondent number 3; c) For holding and a declar...

Mar 3, 2021