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Orissa High Court Dismisses Works Contractor's Challenge to GST Transition Rate Guidelines and Restitution Claim as Time-Barred, Holds Differential GST Segregation a Disputed Question of Fact in Lalit Kumar Mohanty vs State of Odisha (W.P.(C) No. 26646 of 2021)
Facts of the Case
The petitioner, Lalit Kumar Mohanty, a works contractor, executed works contracts with the State Government where estimates had been prepared inclusive of value added tax under the pre-GST regime. Afte...
Patna High Court Quashes Section 73 GST Assessment and Appellate Order Affirming It for Failure to Consider Contentions and Record Reasons, Remands with Conditional Pre-Deposit in M/s Ankit Paper Mart vs State of Bihar (CWJC No.4459 of 2022)
Facts of the Case
The petitioner, M/s Ankit Paper Mart, a proprietorship firm at Khazanchi Road, Patna, through its proprietor Pradeep Kumar Sultania, was assessed by the Assistant Commissioner State Tax, Patna North Ci...
Patna High Court Quashes Section 73 BGST Demand of Rs.17.22 Lakh and Non-Speaking Appellate Order for Violation of Natural Justice; Remands with Conditional Pre-Deposit in Sanrachna Homes Private Limited vs State of Bihar (CWJC No.3783 of 2022)
Facts of the Case
The petitioner, Sanrachna Homes Private Limited, having its registered office at Boring Road, Patna, through its Director Manoj Kumar Singh, was assessed by the Assistant Commissioner of State Tax, Pat...
Punjab & Haryana High Court Directs CBIC to Decide Representation on Inter-State Transfer of Unutilised Input Tax Credit on Branch Relocation Within Two Months in Locon Solutions Pvt. Ltd. vs Union of India (CWP-6882-2022 (O&M))
Facts of the Case
The petitioner, Locon Solutions Pvt. Ltd., a service provider registered at Gurugram, Haryana, was earlier registered under the Central Goods and Services Tax Act, 2017 with its headquarters at Mumbai,...
Patna High Court Quashes Section 73 BGST/CGST Demand and Non-Speaking Appellate Rejection for Violation of Natural Justice, Remands for Fresh Adjudication Subject to 10% Additional Pre-Deposit in Gammon Engineers and Contractors Pvt. Ltd. vs State of Bihar (CWJC No.3729 of 2022)
Facts of the Case
The petitioner, Gammon Engineers and Contractors Pvt. Ltd., an incorporated company with a branch office at Patna Airport, Patna, Bihar (GSTIN 10AAECN8067D1ZR), was assessed by the Assistant Commission...
Patna High Court Quashes Cryptic, Non-Speaking Appellate Order Rejecting GST Appeal Under Form DRC-07 Demand, Restores Appeal and Condones Delay in Madan Kumar vs State of Bihar (CWJC No.4763 of 2022)
Facts of the Case
The petitioner, Madan Kumar, a proprietor/civil contractor operating from Ladugarh, Janakinagar, Purnea, Bihar (GSTIN 10CJRPK6948RIZA), was assessed by the Deputy Commissioner of State Taxes, Purnea Ci...
Patna High Court Quashes Ex Parte GST Demand Under Section 73/74 BGST Act and Appellate Rejection on Limitation for Violation of Natural Justice; Remands with Conditional Pre-Deposit in Hraday Kumar Yadav vs Union of India & Ors (CWJC No.4153 of 2022)
Facts of the Case
The petitioner, M/s Hraday Kumar Yadav, a sole proprietorship firm based at Piluwaha, Supaul, Bihar, represented by its proprietor Mr. Hraday Kumar Yadav, was subjected to proceedings under Section 73 ...
Calcutta High Court Directs IRCTC to Reconsider Refund of GST Component in Licence Fee Following Mutual Cancellation of Catering Contract, Holding Refusal Devoid of Reasons — Griham Food & Hotel Private Limited vs Union of India (WPO 1732 of 2022)
Facts of the Case
The petitioner, Griham Food & Hotel Private Limited, had entered into a catering/licence contract agreement dated 11th August, 2017 with IRCTC for the unit JA-HWH(OC). The contract was later brou...
Patna High Court Quashes Non-Speaking Rejection of Section 107 GST Appeal Arising From GSTR-2A Input Tax Credit Mismatch, Remands With Additional 10% Pre-Deposit — Gammon Engineers and Contractors Pvt Ltd vs State of Bihar (CWJC No. 3742 of 2022)
Facts of the Case
The petitioner, Gammon Engineers and Contractors Pvt. Ltd., a company with a branch office at Kautilya Nagar, Patna, holding GSTIN 10AAECN8067D1ZR, was assessed by the Assistant Commissioner of State...
Patna High Court Quashes Sections 73/74 BGST Order on GSTR-7 TDS Mismatch and Limitation-Barred Rejection of Appeal, Directs Fresh Adjudication With Additional 10% Pre-Deposit — M/s Hraday Kumar Yadav vs Union of India (CWJC No. 4181 of 2022)
Facts of the Case
The petitioner, M/s Hraday Kumar Yadav, a sole proprietorship firm at Piluwaha, P.S. Jadia, Supaul, Bihar, faced proceedings before the Assistant Commissioner of State Tax, Circle Supaul, on the grou...