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GST Case Laws

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ORDER HON'BLE KARUNESH SINGH PAWAR,J. The present bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.535 of 2020 under sections 419, 420, 467, 468, 471 I.P.C. and section 66 of the Information & Technology Act, 2000, P.S. Dargah Shareef, district Bahraich. Heard learned counsel for the applicants and learned Additional Government Advocate for the State. Learned counsel for the applicant submits that the applicants are p...
: Bail Application

AMIT KAUSHIK vs. SATE OF HARYANA


(Punjab and Haryana High Court | Feb 8, 2023)

ASHOK KUMAR VERMA, J. Prayer in this petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No. 405 dated 24.10.2020 registered under Sections 420, 467, 468 and 471 IPC at Police Station Faridabad Central, District Faridabad, Haryana. Briefly, the aforesaid FIR was registered on the complaint made by Rajesh Kumar Yadav, Excise and Taxation Officer, alleging therein that an information was received from the office of Excise and Taxation Comm...
ORAL JUDGEMENT : (PER NITIN JAMDAR, J) Rule. Rule made returnable forthwith. Taken up for disposal. 2. The common position in these Petitions is that Petitioners have challenged the order passed in appeal by Appellate authority under Central Goods and Services Act, 2017. 3. The Central Goods and Services Act provides a mechanism for appeals. Chapter XVIII deals with Appeals and Review. The order passed under the Act is appealable to the appellate authority under Section 107 of the...
ORDER The challenge in this writ petition is an order dated 17.10.2022 passed by the first petitioner rejecting the request of the petitioner for registration of the Sale Certificate. 2. The petitioner Bank is a secured creditor of the property which was mortgaged in their favour on 19.10.2017. The deed of mortgage was registered as Doc.No.8509 of 2017 before the first respondent. As the mortgagor failed to repay the outstanding amount, the loan account was classified as N.P.A. and ac...
ORDER By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself. 2.Challenging the impugned summons No.CBIC-DIN- 20230159TK000011851E in GSTIN No.33ABNPY9008J1Z2 dated 03.01.2023, this writ petition has been filed. 3.The petitioner has challenged the impugned summons dated 03.01.2023 issued by the first respondent on the ground that the first respondent, being the Central Authority as well as the second respondent, being ...
COMMON ORDER W.P. No.6097 of 2020 has been filed challenging the impugned notice dated 22.01.2020 issued by the 1st respondent in O.C. No.8 of 2020. 2. W.P. No.6098 of 2020 has been filed challenging the impugned notice dated 15.07.2019 issued by the 1st respondent in O.C. No.142 of 2019. 3. Subsequently, bank attachment notices dated 12.02.2020 under the provisions of Section 79(1) (c) of the CGST Act, 2017 have been issued by the 2nd respondent. 4. As per the impugned demand...
P.C. :- Heard the learned Counsel for the parties. 2. The Petitioner has sought various reliefs in this writ petition. First, is that investigation carried out under section 67 of the Central Goods and Services Tax Act, 2017, and summons issued under section 70 and consequent proceedings be quashed. The Petitioner then seeks a declaration that the payment of tax by way of reversal of Input Tax Credit is coerced by the Respondents from the Petitioner and it should be refunded. 3. O...

STERLITE TECHNOLOGIES LIMITED


(Appellate Authority for Advance Ruling, Maharashtra | Feb 7, 2023)

(Proceedings under Section 101 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017) 1. At the outset, we would like to make it clear that the provisions of both the Central GST Act, 2017 and the Maharashtra GST Act, 2017 are same except for certain provisions. Therefore, unless a mention is specifically made to such dissimilar provisions, a reference to the Central GST Act, 2017 would also mean a reference to the same provisions under Mahar...

THE INDIAN HUME PIPE COMPANY LTD.


(Appellate Authority for Advance Ruling, Karnataka | Feb 7, 2023)

PROCEEDINGS (Under Section 101 of the CGST Act, 2017 and the KGST Act, 2017) 1. At the outset we would like to make it clear that the provisions of CGST, Act 2017 and SGST, Act 2017 are in pari materia and have the same provisions in like matter and differ from each other only on a few specific provisions. Therefore, unless a mention is particularly made to such dissimilar provisions, a reference to the CGST Act would also mean reference to the corresponding similar provisio...
ORDER P.C. : Heard the learned counsel for the parties. 2. The Petitioner has challenged the order dated 31 May 2022 passed by Respondent No.1 in the appeal filed by the Petitioner against the order dated 15 April 2021. The Appellate Authority while dismissing the appeal has observed that the Petitioner ought to have filed application under section 30 of the Central Goods and Services Tax Act, 2017 for revocation of cancellation of the registration. The Petitioner had relied upon ...