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GST Case Laws

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This Writ Petition has been filed by the petitioner to direct the respondent herein to sanction the refund of IGST of ₹ 2,35,008/- paid by the petitioner in respect of the exported goods. 2. Though the Writ Petition has been filed on 17.08.2020 and though adjournment has been granted for filing counter affidavit, no counter affidavit has been filed till date. 3.The petitioner is a proprietor of M/s. Raj Exim, who is a merchant exporter having Goods and Service Tax registration No. 3...

Apr 17, 2021  

This Writ Petition has been filed by the petitioner to direct the respondent herein to sanction the refund of IGST of ₹ 2,54,449/- paid by the petitioner in respect of the exported goods. 2. Though the Writ Petition has been filed on 17.08.2020 and though adjournment has been granted for filing counter affidavit, no counter affidavit has been filed till date. 3. The petitioner is a proprietor of M/s. Modern India Products, who is a merchant exporter having Goods and Service Tax regi...

Apr 17, 2021  

These writ petitions were filed questioning the demand made by the Southern Railway to pay 18% of GST in respect of the license fee granted to the Private Contractors to run parking of vehicles. 2. At the first instance, this Court would like to look into the provisions of law with reference to collection of 18% GST as far as the parking areas, more specifically, in these batch of cases by the Southern Railway through their Private Contractors. 3. Section 2 of the CGST Act enumerates ...

Apr 17, 2021  

Heard Mr.Adithya Reddy, learned counsel for the petitioner and Mr.ANR.Jayaprathap, learned Government Advocate for the respondent. 2.The petitioner challenges order of the sole respondent i.e. the State Tax Officer, Vellore and T.V.Malai, Roving Squad (SPL) dated 17.10.2020 and consequently seeks a direction to the respondent to refund an amount of ₹ 1,82,860/-, which has been collected as penalty. Not just the order but even the notices leading to the passing of the impugned order, are...

Apr 17, 2021  

This writ petition has been filed challenging the provisional attachment of bank account of the petitioner pending proceedings for investigation. 2.I had, when the matter has come up for admission on 07.01.2021, stated at paragraph-3 as follows: '3. Learned counsel for the petitioner states that the since all the bank accounts of the petitioner have been attached, the petitioners’ business has been entirely crippled. It would suffice that some bank accounts, sufficient to pr...

Apr 17, 2021  

This Writ Petition has been filed by the petitioner to direct the respondents to reopen the GST Portal and to allow access to the portal to enable us to file Form GST TRAN – 1. 2.According to the petitioner, he is the partner of the business concern, in the name and style of M/s. Innovative Motors, situate in No. 77B1, A.R.Buildings, Thiruvananthapuram Road, Palayamkottai, Tirunelveli, engaging in sale of Yamaha motorcycles and registered with the fifth respondent, holding GSTIn.33A...

Apr 15, 2021  

COMMON ORDER These batch of writ petitions were filed questioning the demand made by the Southern Railway to pay 18% of GST in respect of the license fee granted to the Private Contractors to run parking of vehicles. 2. At the first instance, this Court would like to look into the provisions of law with reference to collection of 18% GST as far as the parking areas, more specifically, in these batch of cases by the Southern Railway through their Private Contractors. 3. Section 2 o...

Apr 9, 2021  

This Writ Petition has been filed by the petitioner to quash the impugned order of the second respondent in GSTIN. 33AABFI1728A1Z5/17-18 dated 07.06.2020. 2.According to the petitioner, he is the Managing Partner of the business concern, namely, M/s.Immanuel & Co, situate at No.4/136/C, Harbour Express Road, Tuticorin, engaging in engineering contracts and registered with the second respondent holding GSTIN. 33AABF1728A1Z5. According to the petitioner, when new Goods and Service Tax r...

Apr 8, 2021  

These Writ Petitions have been filed by the petitioner to quash the orders of the respondent in GSTIN:33ADSFS9170Q1ZZ/2019-20 and GSTIN:33ADSFS9170Q1ZZ/2018-19 respectively, dated 30.09.2020. 2.The brief facts of the case are as follows: (i) The petitioner is a partnership Firm registered under the Indian Partnership Act, 1932 and the petitioner has got registered the Firm under the Goods and Services Tax Act, 2017 and assessed to tax with GST Registration No.33ADSFS9170Q1ZZ. The ...

Apr 8, 2021  

This writ petition was originally filed seeking a mandamus restraining the first respondent from harassing the petitioner baselessly without addressing its grievance petition and refund claim pending before the respondents. The respondents are officials of the Director General of Goods and Service Tax (R1, R2, R3 and R5), the writ petition having been given up qua R4 on 04.06.2020. On 25.08.2020, the request of the petitioner for amendment of prayer was allowed, recording no objection to the ...

Apr 7, 2021