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GST Case Laws


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ORIENT CEMENT LIMITED


(Authority for Advance Ruling, Karnataka | Aug 24, 2023)

ORDER UNDER SECTION 98(4) OF THE CGST ACT, 2017 AND UNDER SECTION 98(4) OF THE KGST ACT, 2017 M/s. Orient Cement Limited, Village Itaga, Malkhed Road, Taluka Chittapur, Kalaburagi-585292 (hereinafter referred to as ‘The applicant’), having GSTIN 29AABCO5420A1ZX have filed an application for Advance Ruling under Section 97 of CGST Act, 2017 read with Rule 104 of CGST Rules, 2017 and Section 97 of KGST Act, 2017 read with Rule 104 of KGST Rules, 2017, in FORM GST ARA-01 discharg...

EIMCO ELECON INDIA LIMITED


(Authority for Advance Ruling, Gujrat | Aug 24, 2023)

Brief facts: M/s. Eimco Elecon (India) Limited (for short - ‘Applicant’), Anand Sojitra Road, Vallabh Vidyanagar, Gujarat- 388120 is registered with the department and their registration number is 24AAACE4645CIZ5. 2. The Applicant, is engaged in the manufacture & supply of mining and construction equipment. They have set up their factory & business operations at various places across India. The applicant has employed more than 250 employees including contract worke...
JUDGMENT (PER G.S. KULKARNI, J.) 1. Rule, made returnable forthwith. Respondents waive service. By consent of the parties, heard finally. 2. This is a petition under Articles 226 and 227 of the Constitution of India whereby in the absence of an appellate tribunal being constituted, the petitioner is before the Court praying for setting aside an order dated 31 March, 2021 passed by the appellate authority, being an order passed by the Joint Commissioner, CGST and Central Excise App...

BAYER VAPI P. LTD.


(Authority for Advance Ruling, Gujrat | Aug 24, 2023)

Brief facts: M/s. Bayer Vapi Private Ltd., Plot No. 306/3, 2nd Phase, GIDC Vapi, GIDC, Valsad, Gujarat 396195 is registered with the department and their GST registration number is 24AABCB2100L1ZA. 2. The applicant, is engaged in the manufacture of chemicals for agriculture & environmental health science applications which are mainly classified into active ingredients & intermediates. The applicant has entered into an MoU on 24.12.2021 with M/s. Vapi Enterprises Ltd [VEL]...
JUDGMENT 1. The petitioner, an exporter of sea food, had obtained registration under the Goods and Services Tax Act. He had transported frozen shrimp from Adoor to the Cochin Port for export to China. The consignment was detained en route at Panangadu by Ext. P2 to Ext. P2(c) proceedings. The reason stated in the said proceedings is that no E-way bill accompanied the goods in transit. Ext. P2(c) notice under Section 129(3) of the Central Good and Services Tax Act, 2017 (hereinafter referr...
VIBHU BAKHRU, J. 1. The petitioner has filed the present petition impugning an Order dated 05.08.2021, passed by the Adjudicating Authority, rejecting the petitioner’s application for refund of the Input Tax Credit (hereafter ‘ITC’) amounting to ?76,76,106/- (CGST - ?38,38,053/- and SGST - ?38,38,053/-). The petitioner also impugns an Order-in-Appeal dated 31.05.2022, whereby the petitioner’s appeal against the aforesaid Order dated 05.08.2021, was rejected. The sa...

VINOD KUMARI GOYAL


(Authority for Advance Ruling, Karnataka | Aug 24, 2023)

ORDER UNDER SECTION 98(4) OF THE CGST ACT, 2017 AND UNDER SECTION 98(4) OF THE KGST ACT, 2017 M/s. Vinod Kumari Goyal, No. 579, 14th Cross, J P Nagar, Phase I, Bengaluru-560 078 (hereinafter referred to as The applicant'), having GSTIN 29AEOPG0891F1ZA have filed an application for Advance Ruling under Section 97 of CGST Act, 2017 read with Rule 104 of CGST Rules, 2017 and Section 97 of KGST Act, 2017 read with Rule 104 of KGST Rules, 2017, in FORM GST ARA-01 discharging the fee of Rs....
ORDER Mrs.K.Vasanthamala, learned Government Advocate takes notice on behalf of the respondent. 2. The petitioner has challenged the impugned Assessment order dated 23.02.2023. The impugned order preceeds notice issued in GST DRC 01 on 19.12.2022. The petitioner however failed to respond to the same and therefore on account of the mis-match between the GSTR 1 and GSTR 3B and also difference in ITC between GSTR 3B and GSTR 2A, the impugned order has been passed. 3. Normally period ...

SURENDRA BAHADUR SINGH vs. STATE OF U.P.


(Allahabad High Court | Aug 23, 2023)

ORDER 1. Heard Sri Rishi Kumar Tripathi, learned counsel for the petitioner and learned Standing Counsel for the State. 2. Present petition has been filed challenging the order dated 07.01.2023 whereby the registration of the petitioner was cancelled as well as the appellate order dated 01.07.2023 whereby the appeal was dismissed as being beyond the prescribed period of limitation. 3. The facts, in brief, are that the petitioner is a proprietorship concern engaged in civil contrac...

MANOJ STEEL TRADERS vs. STATE OF U.P. AND 2 OTHERS


(Allahabad High Court | Aug 23, 2023)

ORDER HON'BLE PIYUSH AGRAWAL, J. 1. Heard Shri Suyash Agarwal, learned counsel for the petitioner and learned ACSC for the State - respondent. 2. The present writ petition is being entertained in view of the fact that no GST Tribunal has been constituted in the State of U.P. 3. The present writ petition has been filed challenging the order dated 23.02.2021 passed by the Additional Commissioner, Grade - 2 (Appeals - 4), Ghaziabad by which the appeal of the pe...