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Patna High Court Quashes Ex Parte GST Demand Order for Breach of Natural Justice, Remands Matter for Fresh Adjudication Subject to 20% Pre-Deposit and De-Freezing of Bank Account in Kamlesh Kumar vs State of Bihar (CWJC No.5943 of 2022)
Facts of the Case
The petitioner, Kamlesh Kumar, resident of Saharsa, Bihar, was assessed by the Assistant Commissioner of State Tax, Saharsa (Respondent No.6), by an order dated 03.03.2021, in Reference No. ZD100321000...
Patna High Court Quashes Ex Parte GST Assessment and Appellate Orders for Breach of Natural Justice, Remands Matter for Fresh Adjudication Subject to Additional Pre-Deposit and De-Freezing of Bank Account in Ridhi Sidhi Enterprises vs State of Bihar (CWJC No.4904 of 2022)
Facts of the Case
The petitioner, M/s Ridhi Sidhi Enterprises, a proprietorship firm carrying on business at Bhagalpur, Bihar (GSTIN 10AIOPD3378G1ZH), was assessed by the Assistant Commissioner of State Taxes, Khagaria ...
Chhattisgarh High Court Closes Contempt Petition After Commercial Tax/GST Officers Report Compliance With 2018 Writ Order — M/s Bharat Aluminium Company Limited vs Principal Secretary, Finance Department (CONT No. 518 of 2021)
Facts of the Case
The petitioner, M/s Bharat Aluminium Company Limited (BALCO), a company incorporated under the Companies Act, 1956, having its registered office in New Delhi and its factory at Balco Nagar, Korba, Chha...
Kerala High Court Upholds GST and Central Excise Assessment Orders Finalised During IBC Moratorium, Holds Section 14 Bars Only Recovery Not Adjudication — Platino Classic Motors India Pvt. Ltd. vs Deputy Commissioner of Central Tax and Central Excise (W.P.(C) No.7997 of 2023)
Facts of the Case
Platino Classic Motors India Pvt. Ltd., a BMW car dealer in Kerala, entered insolvency after Federal Bank's application under Section 7(4) of the Insolvency and Bankruptcy Code, 2016 was admitted by th...
Patna High Court Dismisses Department's Modification Petition Against Its Own Writ Order, Holds Review or Appeal is the Proper Remedy — Union of India vs M/S Kison (MJC No. 2073 of 2022 in CWJC No. 13380 of 2021)
Facts of the Case
The present Miscellaneous Jurisdiction Case (MJC) No. 2073 of 2022 arose out of Civil Writ Jurisdiction Case (CWJC) No. 13380 of 2021, decided by the Patna High Court on 24.01.2022. The petitioners bef...
Orissa High Court Disposes of GST Writ Petition in Terms of Common Order in Pravat Kumar Choudhury Batch — Nishakar Sethi vs. Commissioner, CT and GST, Cuttack (W.P.(C) No.6360 of 2023)
Facts of the Case
The petitioner, Nishakar Sethi, filed W.P.(C) No.6360 of 2023 before the High Court of Orissa at Cuttack against the Commissioner, CT and GST, Cuttack and others. The matter was taken up and heard thro...
Kerala High Court Disposes of Travancore Cocotuft's Writ Petition in Terms of Earlier Judgment, Directs Customs Authorities to Decide Pending Application and Keeps Show Cause Notice Proceedings in Abeyance — Travancore Cocotuft Private Limited vs Deputy Commissioner (Customs) and Others (WP(C) No. 41324 of 2023)
Facts of the Case
The petitioner, Travancore Cocotuft Private Limited, Coir Park, Thiruvizha, Cherthala, Kollam, Kerala, represented by its Director Sri P. Mahadevan, moved a series of applications between 22.12.2021 an...
Orissa High Court Disposes of Writ Petition in Terms of Common Order in Pravat Kumar Choudhury Batch — M/s. Animesh Constructions Pvt. Ltd. vs The CT and GST Officer, Koraput (W.P.(C) No.3706 of 2023)
Facts of the Case
The petitioner, M/s. Animesh Constructions Pvt. Ltd., Koraput, filed W.P.(C) No.3706 of 2023 before the High Court of Orissa at Cuttack against The CT and GST Officer, Koraput and Others. The order she...
Kerala High Court Dismisses Review Petition Against Pre-Deposit Order Requiring 20% Deposit of Assessed Tax Demand — Carborundum Universal Ltd. vs Superintendent of Central Tax and Central Excise (RP No. 1326 of 2023)
Facts of the Case
Carborundum Universal Ltd., having its office at Koratty, Thrissur, and represented by its Sr. Associate Vice President-Accounts and Commercial, had earlier approached the Kerala High Court in W.P.(C) ...
Bombay High Court Disposes of Gulf Oil Lubricants' Rule 117 CGST Challenge and TRAN-1 Transitional Credit Refund Petitions With Liberty to File a Consolidated Petition — Gulf Oil Lubricants India Ltd. vs Union of India (Writ Petition No.4997 of 2019 with Writ Petition (Stamp) No.16446 of 2023)
Facts of the CaseGulf Oil Lubricants India Ltd. filed Writ Petition No.4997 of 2019 seeking a declaration that Rule 117 of the CGST Rules, 2017 was ultra vires, and a mandamus allowing FORM TRAN-1 to carry forward credit...