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Heard Shri Praveen Kumar, learned counsel for the petitioner, Shri Amit Manohar, learned counsel for the respondents 1, 2 and 4 and Shri Naresh Chandra Gupta for the respondent no. 3. The facts of the case are that the petitioner, a registered society represented by Shri Ajay Kumar Sharma before this Court, obtained a GST registration. It appears that since the petitioner failed to file monthly returns (GSTR-3B) for more than six months for the period from October to March in assessme...

Jan 18, 2021  

Heard Sri Shubham Agarwal, learned counsel for the petitioner; Sri Ashok Singh, learned counsel for respondent nos.1, 2 and 3 and Sri Mata Prasad and Sri Apurva Hajela for respondents nos.4 and 5. The present petition has been preferred by the petitioner for the following reliefs:- "(a) Mandamus directing the respondent authorities to accept the manual GSTR 3B return from the petitioner and to process the same for the period August, 2018 to August 2019; (b) Mandamus directing...

Jan 7, 2021  

1. Heard Sri Kaustubh Srivastava, learned counsel for the applicant, Sri B.K. Singh Raghuvanshi, learned counsel for the opposite party no. 2 and learned A.G.A. for the State. 2. This anticipatory bail application has been filed praying for grant of anticipatory bail to the applicant with reference to summon/notice dated 30.01.2020 issued by Superintendent (A.E.) C.G.S.T. & Central Excise, Agra u/s 70 of the C.G.S.T. Act, 2017 r/w Section 174 of the C.G.S.T. Act, 2017 during the pende...

Jan 5, 2021  

Heard Shri Kavin Gulati, learned Senior Advocate assisted by Shri Prashant Shukla and Ankur Sehgal, learned Advocates for the petitioner; Shri Shashi Nandan, learned Senior Advocate assisted by Shri Udayan Nandan and Shri Ajay Sondhi, learned Advocates for the respondent no. 6 and Shri Rajnish Kumar Rai, learned Advocate for the respondent nos. 1 to 5 (Railways). The petitioner herein is a company registered under the provisions of the Indian Companies Act having its registered office at ...

Dec 18, 2020  

Counter affidavit filed today is taken on record. The present petition has been filed by the petitioner challenging the order dated 24.1.2019 passed by the respondent no. 3, whereby a tax demand of ₹ 91,450/- and interest thereon has been passed as per GST DRC-07 as well as the order dated 27.7.2020 passed by the Appellate Authority under Section 107 of the GST Act, whereby the appeal filed by the petitioner has been dismissed on the grounds of limitation. The petitioner claims to b...

Dec 17, 2020  

1. Heard Sri A.P. Mathur, counsel for the petitioner, Sri B.K.S. Raghuvansi, counsel for the respondents and perused the record. 2. Petitioner has filed the present writ petition challenging the order passed by the Additional Commissioner GST, Gautam Buddh Nagar being the order dated 27.1.2020 as well as the Appellate Order dated 15.1.2020, whereby the appeal filed by the petitioner has been dismissed. As the Tribunal as provided for under the GST Act has not been constituted and in absen...

Dec 17, 2020  

The present petition has been filed alleging that on 30th August, 2018, the respondent no. 2 passed a detention order under Section 129(1) of the U.P. GST Act. It is stated that on 4.2.2019, respondents had issued a demand notice to the petitioner directing the petitioner to deposit a sum of ₹ 21,10,032/-. The petitioner claims that it is on this date that the petitioner became aware of the said demand and met the respondent requesting him to withdraw the demand notice as no demand exists a...

Dec 16, 2020  

Hon'ble Samit Gopal, J. Heard Sri Durgesh Kumar Singh, learned counsel for the applicant, Sri Dileep Chandra Mathur, learned counsel for the respondent no.2 and Sri Gaurav Pratap Singh, learned brief holder for the State. The present application under Section 438 Cr.P.C. has been filed by the applicant Prathu Omar with the following prayers:- "It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application and direct ...

Dec 16, 2020  

The present writ petition has been filed challenging the order dated 14.09.2020, whereby the appeal filed by the petitioner challenging the order dated 07.04.2020, passed by the respondent no. 2, has been rejected as well as the order dated 07.04.2020 whereby the application for refund has been rejected by the respondent no. 2. As the tribunal envisaged in the GST Act has not been constituted, the petitioner has approached this court as the petitioner cannot be left remediless. That facts...

Dec 14, 2020  

Heard learned counsel for the petitioner and Sri Amit Manohar, learned counsel for the respondents. The following relief has been sought by means of this writ petition :- "(A). Issue writ, order or direction in nature of Mandamus directing the Respondent No. 2 - Assistant Commissioner, Mobile Squad-10, Kanpur to release of goods and truck detained vide detention order 07.11.2020 passed in Form GST MOV 06 in favour of the petitioner after getting the tax and penalty in cash/bank g...

Dec 9, 2020