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GST Case Laws


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State - Madhya Pradesh ✔

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ORDER PER: JUSTICE SUSHRUT ARVIND DHARMADHIKARI Learned counsel for petitioner prays for issuance of writ of mandamus directing respondent No.2 to release the admitted liability towards the difference of GST amount of Rs. 45,19,000/- along with 18% rate of interest and to support of his contention, leaned counsel for petitioner places reliance on an order Division Bench of this Court dated 12.12.2024 passed in WP No.39378 of 2024 wherein it is observed as under :- "With the c...
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ORDER PER: JUSTICE ANAND PATHAK The petitioner has preferred this petition under Article 226 of the Constitution of India seeking following reliefs : 7.1 That, Quashing of Impugned Notice: Kindly Quash the demand notice dated 07/11/2024 issued by the Assistant Commissioner, State Commercial Tax Circle, Ashoknagar, M.P., for non-payment of GST on royalty payments for the period 2018-19 to 2024-25. 7.2 Declaration on GST Applicability: Kindly declare that GST is not applicable o...
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ORDER PER: JUSTICE VIVEK AGARWAL Learned counsel for petitioner prays for issuance of writ of mandamus directing concerned respondent to release the admitted liability towards the difference of GST amount of Rs. 13,44,825/- along with 24% rate of interest and to support of his contention, leaned counsel for petitioner places reliance on an order Division Bench of this Court dated 12.12.2024 passed in WP No.39378 of 2024 wherein it is observed as under :- "With the consent of ...
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ORDER PER: JUSTICE SUSHRUT ARVIND DHARMADHIKARI 1. This petition under Article 226 of the Constitution of India has been filed against the order dated 22.8.2024, annexure P/13, passed in Reference No.F.V(GST)15-61/Adj/BPL-II/CB/2024-25 and the summary order dated 6.9.2024, annexure P/14, in Reference No.ZD230924005981E whereby the respondents have passed the final adjudication order confirming all the proposals in the show cause notice and rejected the petitioner’s responses and...
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RAHUL STEELS AND OTHERS vs. UNION OF INDIA AND OTHERS


(Madhya Pradesh High Court | Dec 17, 2024)

ORDER Per : Justice Vivek Rusia Petitioner has filed the present petition challenging the validity of showcause notice No. F.No. IV(06)131/Prev/2021-22/4835 dated 29.09.2023 / 13.10.2023 issued under Section 74 and 122 of Central Goods and Services Tax Act, 2017 (hereinafter referred as "CGST Act, 2017"). The petitioner No.1 is a proprietor firm engaged in the business of cement trading and steel trading from its office situated at 78-79, Mahadev Totla Nagar, Indore (M.P.). ...
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APEX STRUCTURE PVT. LTD. vs. STATE OF M.P. AND OTHERS


(Madhya Pradesh High Court | Dec 12, 2024)

ORDER PER: HON'BLE SHRI JUSTICE SURESH KUMAR KAIT, CHIEF JUSTICE With the consent of parties, heard finally. The petitioner has filed the present under Article 226 of the Constitution of India for issuance of an appropriate writ, order or direction, directing the respondents to reimburse the extra GST amount paid @ 6% from 01.01.2022 to 30.09.2022 along with interest. 02. The petitioner is a Company / Proprietorship Firm engaged in the construction work. The petitioner has...
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BUM BUM CORPORATION vs. STATE OF MADHYA PRADESH AND OTHERS


(Madhya Pradesh High Court | Dec 6, 2024)

ORDER PER: JUSTICE SANJEEV SACHDEVA 1. Issue notice. 2. Notice is accepted by the counsel appearing for respondents. 3. With the consent of parties, the petition is taken up for final disposal. 4. Petitioner is aggrieved by the action of respondent GST department whereby coercive measures have been taken for recovery of alleged outstanding demand for the period of 2018-19. Proceedings under Section 74 of the Central Goods and Services Tax, 2017 were initiated against petit...
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MOHD. SHAHZAR vs. STATE OF MADHYA PRADESH AND OTHERS


(Madhya Pradesh High Court | Nov 28, 2024)

ORDER PER: JUSTICE ANAND PATHAK Heard finally with the consent of the parties. 2. Present petition is preferred under Article 226 of the Constitution of India taking exception to the order dated 29.02.2024 (Annexure P/1) passed by the Joint Commissioner (Appeal), whereby the appeal preferred by the appellant against the order dated 22.08.2023, whereby the application for revocation of cancellation was rejected, has been dismissed. 3. Precisely stated, facts of the case are tha...
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PADIYAR KRISHI SEWA KENDRA vs. UNION OF INDIA AND OTHERS


(Madhya Pradesh High Court | Nov 26, 2024)

ORDER PER: JUSTICE VIVEK RUSIA This petition is directed against the order dated 09.06.2022 passed by Superintendent, Customs & Central Excise, Jhabua (M.P.), whereby the registration of GST has been cancelled and dismissal of an appeal by Joint Commissioner, Indore vide order dated 29.05.2024 on the ground of limitation. 2. In the present petition, the petitioner has pleaded that he was issued a Show Cause Notice dated 21.11.2019 by respondent No.7 for cancellation of GST reg...
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ORDER Heard on IA No. 10130 / 2024 , application for modification of the order dated 23.9.2024 passed in WP No. 26495 / 2023. By the aforesaid order the writ petition was allowed with the direction to the respondent No.2 to pay the difference of GST amount to the petitioner, which is 6% (18%-12% GST), paid from 1.1.2022 to 30.9.2022 by the petitioner, within a period of 3 months from the date of receipt of certified copy of the order, failing which the petitioner shall be entitled for...
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24 Jan

☑ Quarterly | GSTR-3B

GSTR-3B for the Quarter Oct - Dec 2024 (QRMP Taxpayer < 5 Cr - Rule 61) - Category I States.  [Due date extended vide Notification No.02/2025 dated 10.01.2025]

* State Category I - Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana or Andhra Pradesh or the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands and Lakshadweep.

26 Jan

☑ Quarterly | GSTR-3B

GSTR-3B for the Quarter Oct - Dec 2024 (QRMP Taxpayers < 5 Cr - Rule 61) - Category II States.  [Due date extended vide Notification No.02/2025 dated 10.01.2025]

* State Category II - Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha or the Union territories of Jammu and Kashmir, Ladakh, Chandigarh and Delhi.

28 Jan

☑ Monthly | GSTR-11

GSTR-11 for the m/o Dec 2024 (Statement of inward supplies by persons having Unique Identification Number (UIN)).

31 Jan

☑ Quarterly | QRMP

Last date for opt-in / opt-out QRMP Scheme for quarter Jan - Mar 2025 (Rule 61A)