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GST Case Laws

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We have heard Mr. Tarun Gulati, learned senior counsel assisted by Mr. Nikhil Gupta, representing Mr. Srinivasa Rao Kudupudi – learned counsel for the petitioners as well as Mr. N. Harinath, learned Assistant Solicitor General for respondents 1 and 3, Mr. Y. N. Vivekananda, learned Government Pleader attached to the Office of the learned Additional Advocate General-II for respondents 2, 5 and 6 and Mr. Suresh Kumar Routhu, learned standing counsel for respondent No.4. 2. In these tw...

Mar 16, 2021  

In the instant writ petition, the petitioner challenges the AJC order No.4959/29.1.2020 dated 11.12.2019 served on 22.02.2020 passed by the 3rd respondent rejecting the appeal filed by the petitioner against the assessment order dated 30.05.2018 passed by the 4th respondent. 2. The petitioner deals in edible and non-edible oils and it is a registered dealer under the APGST Act, 2017. a) The 4th respondent consequent to the inspection of petitioner’s business premises on 03.02.20...

Mar 15, 2021  

Heard Sri S.Ravi, learned Senior Counsel representing Sri Bhaskar Reddy Vemireddy, learned counsel for the petitioner, Sri T.C.Dhana Sekhar, learned Government Pleader for Commercial Tax for respondent Nos.1 to 3, Sri N.Harinath, learned Assistant Solicitor General for 4th respondent, Sri Metta Chandrasekhara Rao, learned Counsel for 5th respondent and Sri Y.Nagi Reddy, learned counsel for 6th respondent. 2. In the present writ petition, challenge is to the order passed by the Assistant C...

Jan 5, 2021  

This Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “……….to issue an appropriate Writ, Order or Direction, more particularly in the nature of MANDAMUS declaring that the impugned Order of Assessment cum Penalty cum Interest passed by the First Respondent vide GSTN No.37AAEFF7537K1Z1(CGST), dated 13.11.2019 for the Tax Periods 2017-18 (from July, 2017), 2018-19 and 2019-20 (up to July, 2019) under the ...

Nov 26, 2020  

1. The petitioner prays for a writ of mandamus declaring that the Assessment Order vide Ref. No. CGST/2017-18/05 dated 29-10-2018 for the tax period July, 2017 to February, 2018 passed by the respondent No. 1 levying GST on the value of broken rice, bran and husk obtained by the petitioner on milling of the paddy of the respondent No. 4 which were allowed to be retained by the petitioner in addition to the milling charges as compensation/exchange for the own rice supplied by the petitioner to...

Nov 20, 2020  

The petitioners implore for writ of mandamus declaring the order dated 04.02.2020 passed by 1st respondent confiscating 69 Kgs of silver ornaments worth ₹28,00,000/- and directing the petitioners to pay tax of ₹84,000/- (Central Tax and State Tax), penalty of ₹84,000/- and fine of ₹26,32,000/- in lieu of confiscation, as without authorization as contemplated under Section 67 of the Central Goods and Service Act, 2017 (for short, ‘CGST Act’), arbitrary, without jurisdiction...

Oct 22, 2020  

1) The present Writ Petition came to be filed seeking issuance of a writ of Mandamus to declare the proceedings of the 5th Respondent vide Order OC. No. 26/2019, dated 29.01.2019 in Form GSTR-ASMT 13 insofar as imposing penalty of ₹ 4,27,19,192/- against the Petitioner and consequential proceedings vide OC. No. 149/2020, dated 12.08.2020, demanding the Petitioner to pay penalty as being illegal, arbitrary and contrary to the provisions of the Central Goods and Services Tax Act, 2017 [&lsquo...

Oct 20, 2020  

1) The present Writ Petition came to be filed seeking the following relief: “to issue a Writ of Mandamus, declaring the impugned Garnishee Notice C. No. V/05/04/Misc/2019-GST ARC, dated 26.08.2020, issued by the 1st Respondent as illegal, improper and incorrect”. 2) The averments made in the affidavit, filed in support of the Writ Petition show that, the Petitioner is duly registered under the Companies Act and doing business of manufacturing and sale of alcoholic and non-...

Oct 20, 2020  

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) The present Writ Petition came to be filed seeking issuance of a writ of Mandamus to declare the inaction of the Respondents to reopen the portal immediately enabling the Writ Petitioner to submit its GST TRAN-1 Form in the GSTN Portal in terms of Section 140 of the CGST and APSGST Act, 2017; or in the alternative, permit the Writ Petitioner to submit GST TRAN-1 manually with a direction to the Respondents to consider the same in accordance with law. It is further pleaded that, a direction...

Aug 13, 2020