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State - Uttar Pradesh ✔

SIDDH SALES CORPORATION vs. STATE OF UP AND OTHERS

(Allahabad High Court | Apr 16, 2024)

ORDER 1. Heard Sri Yashonidhi Shukla, learned counsel for the petitioner and Sri Ankur Agarwal, learned counsel for the revenue. 2. Challenge has been raised to the adjudication order dated 23.02.2024 passed under Section 73 of the UP GST Act, 2017 read with Rule 142(5) of the Rules framed thereunder. 3. Primarily, challenge raised is to the ex parte nature of the order. It has been urged, no proper notice to file reply and in any case, no prior notice of hearing was ser...

ANNIKA ENTERPRISES vs. ADDITIONAL COMMISSIONER APPEALS CENTRAL GOODS AND ..

(Allahabad High Court | Apr 15, 2024)

ORDER HON'BLE SHEKHAR B. SARAF, J. 1. Heard learned counsel for the petitioner and the learned Standing Counsel for the State. 2. This is a writ petition under Article 226 of the Constitution of India, wherein the petitioner challenges the order in original for cancellation of registration dated April 27, 2023 and the order dated March 12, 2024 passed in appeal under Section 107 of the Uttar Pradesh Goods and Services Tax Act, 2017 (hereinafter referred to as "the Act&quo...

JAWAHAR CHEMIST vs. STATE OF UP AND OTHERS

(Allahabad High Court | Apr 12, 2024)

ORDER HON'BLE SHEKHAR B. SARAF, J. 1. Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State. 2. This is a writ petition under Article 226 of the Constitution of India, wherein the petitioner challenges the order in original for cancellation of registration dated February 21, 2023 passed by the respondent No.3/Assistant Commissioner, State Tax, Sector-3, Etawah and the order dated February 21, 2024 passed by the respondent No.2/Add...

MEERA GLASS INDUSTRIES vs. STATE OF UP AND OTHERS

(Allahabad High Court | Apr 12, 2024)

ORDER HON'BLE SHEKHAR B. SARAF, J. 1. Heard Sri Vishwjit, counsel for the petitioner and the learned Standing Counsel for the State. 2. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner is aggrieved by the order dated July 12, 2023 passed by the Additional Commissioner, Grade - 2, (Appeal), Judicial Division, State Tax, Mainpuri (hereinafter referred to as the 'Respondent No. 2') for the tax period of October, 2021. 3. Up...

LUMINOUS POWER TECHNOLOGIES PRIVATE LIMITED vs. STATE OF U.P. AND OTHERS

(Allahabad High Court | Apr 12, 2024)

ORDER HON'BLE SHEKHAR B. SARAF, J. 1. Heard Sri Shubham Agrwal, learned counsel for the petitioner and Sri R.S. Pandey, learned Standing Counsel for the State. 2. This writ petition has been filed assailing the penalty order dated May 21, 2018 passed by respondent no. 2 and the order dated August 5, 2019 passed by appellate authority, respondent no. 3. 3. The petitioner before this Court is a registered dealer under the Goods and Service Tax Act, 2017 (hereinafter called a...

CHEMSILK COMMERCE PVT LTD vs. STATE OF U.P. AND ANOTHER

(Allahabad High Court | Apr 9, 2024)

ORDER 1. Having heard Shri Shubham Agrawal, learned counsel for the petitioner and Sri Ankur Agarwal learned Standing Counsel for the respondents, it remains undisputed that the petitioner's registration under the UPGST Act, 2017 was cancelled on 6.5.2019 w.e.f. 31.1.2019. It is not the case of the revenue that the said registration has ever been revived or that the petitioner ever sought revival of that registration. 2. In view of the above, it does merit acceptance that the peti...

S.S. SUPPLIERS vs. STATE OF U.P. AND ANOTHER

(Allahabad High Court | Apr 9, 2024)

ORDER 1. Heard Sri Niraj Kumar Singh, learned counsel for the petitioner-assessee and Sri Ankur Agarwal, learned counsel for the revenue. 2. Challenge has been raised to the order dated 17.03.2023 passed by respondent no.2 under Section 74(9) of the U.P. GST Act, 2017 (hereinafter referred to as the 'Act'). Primarily, it has been submitted, the above order was preceded by show-cause notice dated 01.10.2022 and a reminder notice dated 26.12.2022. However, neither that notice di...

SINGHAL TRADERS vs. STATE OF U.P. AND OTHERS

(Allahabad High Court | Apr 8, 2024)

ORDER HON'BLE SHEKHAR B. SARAF, J. 1. Heard learned counsel for the petitioner and the learned Standing Counsel for the State. 2. This is a writ petition under Article 226 of the Constitution of India, wherein the petitioner challenges the order in original for cancellation of registration dated March 18, 2021 passed by the respondent No.4 and the order passed in appeal dated May 24, 2023 by respondent No.3 under Section 107 of the Uttar Pradesh Goods and Services Tax Act, 201...

MODERN STEEL vs. ADDITIONAL COMMISSIONER GRADE 2 AND ANOTHER

(Allahabad High Court | Apr 8, 2024)

ORDER HON'BLE SHEKHAR B. SARAF, J. 1. Heard Sri Aditya Pandey, learned counsel for the petitioner and Sri Ravi Shankar Pandey, learned Additional Chief Standing Counsel for the respondents. 2. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner has assailed the orders dated December 13, 2017 and December 15, 2017 passed by the respondent No.2 and the order dated August 11, 2023 passed by the respondent No.1. 3. The impugned orders ...

HITACHI ASTEMO GURUGRAM POWERTRAIN SYSTEMS PVT. LT.. vs. ADDL. COMM. OFFICE PRIN. COMM. (BRANCH ADJUDICATI..

(Allahabad High Court | Apr 8, 2024)

ORDER (1) Sri Dipak Seth, learned senior counsel for opposite party nos.1 and 2 has filed preliminary objection against maintainability of the present writ petition filed against the order of assessment on the ground that the petitioner having a statutory remedy of appeal under Section 107 of the The Central Goods and Services Tax Act, 2017 [here-in-after referred to as ‘CGST Act, 2017 for the sake of brevity] for adjudication of disputed questions of law and fact may not be well wi...

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