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GST Case Laws


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ORDER The Petitioner has challenged the impugned communication dated 27.02.2023 of the first respondent herein. 2. By the aforesaid communication, the first respondent has disallowed the transitional credit of Rs. 89,88,498/- as claimed under Table 7(a)7(A)/7.a.A in the revised FORM GST TRAN-1 filed by the petitioner under Section 140 of Central Goods and Services Tax (CGST) Act, 2017, as inadmissible Transitional Credit. 3. The Petitioner was an assessee under the provisions of t...
JUDGMENT VIBHU BAKHRU, J 1. The petitioner has filed the present petition, inter alia, praying that directions be issued to the respondents to unconditionally release the two silver bars (weighing 29.5 Kgs. and 14.5 Kgs. respectively); ?7,00,000/- Indian currency; and, Mobile Phones, which were seized by the respondents from the residential premises of the petitioner. The petitioner also prays that the search of his residential premises and seizure effected, be declared illegal. F...

P.R. HARDWARES vs. THE STATE TAX OFFICER


(Madras High Court | Aug 17, 2023)

ORDER This writ petition has been filed for Writ of Certiorari, to quash the impugned order passed by the respondent in Reference No.ZD330323030706S, dated 07.03.2023. 2. Heard Mr.S.Ramanan, the Learned Counsel appearing for the petitioner and Mr.R.Suresh Kumar, the Learned Additional Government Pleader appearing for the respondents and perused the material documents placed on records. 3. The brief facts of the case are that the petitioner in doing business of Trading El...
JUDGMENT VIBHU BAKHRU, J. 1. The petitioner has filed the present petitions impugning the orders passed by the Appellate Authority (respondent no. 2) rejecting the appeals preferred by the petitioner against the orders passed by the Adjudicating Authority (respondent no. 1). 2. The principal issue involved in these petitions are common. The controversy, essentially, relates to whether the services rendered by the petitioner to I Squared Asia Advisors Pte. Ltd., a company having it...
ORDER The petitioner has challenged the impugned order of seizure in Form GST INS-02 and consequential Prohibition Order in Form GST INS-03 and mahazar seizing the records of goods all dated 30.05.2023. 2. It is the case of the petitioner that the petitioner's business has come to a standstill pursuant to the impugned proceedings and therefore, the petitioner seeks for intervention. 3. At the time of admission of this writ petition, this Court had directed the petitioner to ap...
ORDER Rejoinder affidavit filed today by learned counsel for the applicant, which is taken on record. Heard Sri Anoop Trivedi, learned Senior Counsel assisted by Ms. Pooja Srivastava and Sri Ravi Agrawal, learned counsel for the applicant and Sri Dhananjay Awasthi, learned counsel D.G.G.I and perused the material on record. The present bail application has been filed on behalf of applicant Rajnish Jain under Section 439 of the Code of Criminal Procedure, with a prayer to release h...

OTTIMO VISUALS vs. COMMISSIONER OF GST AND OTHERS


(Delhi High Court | Aug 16, 2023)

VIBHU BAKHRU, J. 1. The petitioner has filed the present petition, impugning a show cause notice dated 07.07.2022 (hereafter ‘the impugned show cause notice’) proposing the cancellation of the petitioner’s GST registration. The petitioner also impugns the order dated 18.08.2022 cancelling its GST registration passed pursuant to the impugned SCN. The petitioner had applied for revocation of the order cancelling its GST registration on 12.09.2022, however, the said applica...

VIRENDRA WIRES vs. DELHI GST OFFICER & OTHERS


(Delhi High Court | Aug 16, 2023)

VIBHU BAKHRU, J. 1. The petitioner has filed the present petition impugning an order dated 28.04.2023 (hereafter ‘the impugned order’) passed by the Delhi GST Appellate Authority (respondent no. 2), whereby the petitioner’s appeal against an order dated 02.11.2021 passed by the proper officer cancelling his GST Registration Number, was rejected. 2. The petitioner also impugns an order dated 02.11.2021, whereby his GST Registration was cancelled from retrospective dat...

SHIV SHAKTI CONSTRUCTION vs. STATE OF MADHYA PRADESH


(Madhya Pradesh High Court | Aug 16, 2023)

ORDER Challenge made in this petition under Article 226 of Constitution is to impugned orders passed on 24.08.2022 (Annexure P/1) and dated 17.01.2023 (Annexure P/2). Annexure P/1 is an order issued u/s 74 of MPSGST/CGST Act, 2017, raising a demand of Rs. 1,01,11,999/- towards excess Input Tax Credit Availed and Rs. 33,12,811/- towards interest on the said amount and Rs. 1,01,11,999/- towards penalty totalling an amount of Rs. 2,35,36,809/-. Whereas Annexure P/2 is an order attaching the ...
ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) The instant writ petition has been filed under Article 226 of the Constitution of India praying for approaching the Tribunal with respect to three periods, one for year 2018-19, second for the year 2019-20, and the third is from 1st March, 2019 to 31st March, 2019; for which periods the Assessing Officer has made separate assessments. 2. The petitioner essentially is desirous of availing statutory remedy of appeal against the impug...