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The present Writ Petition came to be filed seeking issuance of writ of Mandamus directing the respondents to open the GSTN portal and enable the petitioner to file the TRAN-1 form and avail the credit of excise duty and cess of ₹ 79,77,785/- as input tax credit of GST, or in the alternative, to permit the petitioner to submit manually GST TRAN-1 form and allow credit of input tax. 2. The facts in issue are as under : The petitioner is a dealer of Hyundai cars and ancillary services....

Aug 21, 2020  

1. By this writ application under Article 226 of the Constitution of India, the writ applicant, a businessman, has prayed for the following reliefs: “a) to quash and to set-aside Form DRC 1A dated 23.07.2020 issued by respondent no 4; b) to quash and set-aside the impugned provisional attachment order i.e. Form GST DRC-22, for both the premises i.e. for factory premises and residential premises issued in Form GST DRC 22 dated 24.07.2020 by respondent no 4. c) Pending admissi...

Aug 20, 2020  

The petitioner has approached this Court impugning Ext.P2 series of demand cum recovery notices issued to him under the GST Act. It would appear that Ext.P2 series of demand notices were issued to the petitioner, pursuant to assessment orders that were passed as early as on 25.11.2019 and 27.11.2019 respectively, for the assessment period April 2018 and May 2018 to May 2019. It is the case of the petitioner that the assessment orders were not served on him but, immediately on receipt of the d...

Aug 20, 2020  

Crl. M. A. No. 10952/2020 1. The hearing has been conducted through Video Conferencing. 2. On 16.03.2020 while disposing of this petition, following order was passed:- “The learned counsel for the Department says as of today the total GST liability of the petitioner qua Delhi is about ₹ 11.5 crores and for PAN India’s is ₹ 59.24 crores approximately. The learned senior counsel for the petitioner says there are 35,000 person on the rolls of the petitioner concern an...

Aug 20, 2020  

The petitioner has approached this Court aggrieved by the detention of a consignment of construction equipments, that was being transported at his instance. On a perusal of Ext.P7 notice it is seen that the objection of the 1 st respondent is essentially with regard to the documents that had to accompany the transportation of the goods. It is the specific case of the 1 st respondent that the documents did not reflect the transaction covered by the transportation that was apprehended. On a per...

Aug 20, 2020  

The petitioner has approached this Court aggrieved by Ext.P3 notice which indicates that interest amounts will be demanded from him for delayed payment of GST. Although various contentions are raised in this writ petition in its challenge against the notice, I am of the view that the petitioner should be relegated to the alternate remedy of filing his objections to Ext.P3 notice, and getting the same adjudicated before the adjudicating authority, before approaching this Court in a challenge a...

Aug 20, 2020  

In this writ petition, the petitioner has challenged the order dated January 3, 2020 passed by the respondent no.5., the Joint Commissioner of State Tax, Tamluk Charge. The impugned order has been passed under Section 329(2) of the West Bengal Goods & Service Tax Act, 2017 cancelling the petitioner’s registration under the said Act. Admittedly, the petitioner was granted ample opportunity of hearing before passing of the impugned order. The impugned order cannot be held to be wi...

Aug 19, 2020  

The petitioner, a transporter registered under the Central Goods and Services Tax Act, 2017 (henceforth referred to as 'CGST Act') and Integrated Goods and Services Tax Act, 2017 (henceforth referred to as 'IGST Act') was engaged by M/s. Venkataramana Traders, a registered supplier in Karnataka (henceforth referred to as the "Supplier") to transport 300 bags of arecanut to a recipient registered dealer in Delhi, M/s. Gulli Enterprises (henceforth referred to as the &...

Aug 19, 2020  

The petitioner has approached this Court aggrieved by Exts.P6 and P7 detention notices issued to him by the 1st respondent detaining a consignment of used generators that was being transported at his instance. 2. On a perusal of Exts.P6 and P7 detention notices it is seen that the reason for detention was the non-mention of the IGST payable in the e-way bill that accompanied the transportation of the goods. It is the contention of the learned counsel for the petitioner that as per Rule 13...

Aug 19, 2020  

The petitioner has approached this Court aggrieved by Ext.P11 order passed against him under the GST Act and Rules. In the writ petition, it is the case of the petitioner that before passing Ext.P11 order he was not afforded an adequate opportunity of hearing or an opportunity to respond to the show cause notice, which is mandated as per the Rules. 2. I have heard the learned counsel appearing for the petitioner as also the learned Government Pleader for the respondents. The learned G...

Aug 19, 2020