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Heard the learned counsel for the petitioners and the learned Junior Standing Counsel for the respondent. 2. The petitioner's group of Companies had allegedly suffered loss in one of its centre to an extent of ₹ 50,00,00,000/- as a result of which the petitioner was unable to discharge tax liability under the Goods and Services Tax Act, 2017. Under these circumstances, the respondent attached a bank account of the respective petitioner by issuing GST DRC Form, dated 18.02.2022 and 2...
The Court : - This intra Court appeal by the department of CGST and Central Excise is directed against the order dated 16th March, 2020 in WPO 240 of 2019. The respondents/writ petitioners approached this Court with a prayer to allow the writ petitioners to file/upload in GST TRAN-I form and intended to file TRAN-I form and/or revised TRAN-I form. The learned Single Bench directed the GST and authorities to open the portal for the writ petitioners till March 31, 2020. Aggrieved by such di...

DHABRIYA POLYWOOD LIMITED vs. UNION OF INDIA


(Gujarat High Court | Apr 27, 2022)

1 By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs: “(a) to quash and set aside the Notice issued by the respondent No.3 under Section 129(3) of the CGST Act in Form GST MOV-07 dated 12/04/2022 (Annexure-A) (b) to quash and set aside the order of detention passed by the respondent No.3 under Section 129(1) of the CGST Act in Form GST MOV-06 dated 12/04/2022 (Annexure – A1) (c) pending the a...
1. Since this batch of writ applications involve similar facts and raises common questions of law, all those were taken up for hearing analogously and are being disposed of by this common order. We treat Special Civil Application No.6650 of 2022 as the lead matter. 2. By way of this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs: “(a) Your Lordships be pleased to issue a Writ of Certiorari or a writ in the...
1. Heard Sri Rahul Agarwal, learned counsel for the petitioner and Sri Sashi Prakash Singh, learned Additional Solicitor General assisted by Sri Gopal Verma and Sri Gaurav Mahajan, learned counsel for the respondents. 2. This writ petition has been filed praying for the following reliefs :- (i) Issue a writ, order or direction in the nature of Mandamus directing the respondents to act in accordance with the order dated 22.10.2021 (Annexure-5 to the writ petition) revoking the cancella...
1. This writ petition is directed against the orders dated 09.12.2020 and 18.02.2021 passed by respondent no.2. 2. The first order dated 09.12.2020 concerns cancellation of GST registration while second order i.e., the order dated 18.02.2021, relates to the dismissal of the application for revocation of cancellation. 3. The facts which are required to be noticed, with regard to the challenge laid by the petitioner to the aforementioned orders, are briefly the following: 3.1. The p...
Heard Sri K.Adi Siva Vara Prasad, learned counsel for the petitioner and Sri Y.N.Vivekananda, learned Government Pleader and the learned Senior Standing Counsel for Central Board of Indirect Taxes and Customs for the respondents. 2. In the present Writ Petition, challenge is to the order dated 30.04.2021 passed by respondent No.1-The Deputy Commissioner of Central Tax, rejecting the refund claim of the petitioner for the tax period, commencing from April, 2018 to January, 2019, relying on...
1. Mr. Sharma, learned counsel for the petitioner seeks liberty to delete respondent No. 6 from the cause title of the petition. Leave to amend is granted. Amendment be carried out forthwith. Reverification is dispensed with. 2. Rule. Mr. Talhar, learned ASGI waives service for respondent No. 1. Mr. Dawalkar, learned counsel waives service for respondent Nos. 2 and 3. The learned A.G.P. waives service for respondent No. 4. Rule made returnable forthwith. 3. By this petition filed unde...
The petitioner has filed this writ petition for a Certiorarified Mandamus to call for the records relating to the impugned order passed by the respondent in FORM GST DRC-16 dated 20.11.2021, to quash the same as illegal and to direct the respondent to obey the order of this Court passed in C.M.P.(MD).Nos.7812 to 7814 of 2021 in W.A.(MD).Nos.691 to 693 of 2021 dated 24.11.2021, by considering the petitioner's representation dated 16.12.2021. 2.The petitioner had earlier filed writ peti...
The prayer sought for herein is for a Writ of Certiorari calling for the records pertaining to the order issued in Memorandum in RC No.63/2002/A1 dated 02.03.2022 by the 1st respondent and consequently the order for cancellation of Registration dated 20.12.2018 issued by 2nd respondent and quash the same. 2. The petitioner was a dealer under the GST Act, 2017. Due to the alleged reasons that, continuously for six months or more, the petitioner has not filed return, the registration of the...