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CBIC Circular 183/2022 Applied: Kerala High Court Sets Aside GSTR-2A/GSTR-3B ITC Denial Order and Remands Raju Joseph's Case Subject to a 10% Pre-Deposit Condition in Raju Joseph vs State Tax Officer (WP(C) No.22478 of 2023)
Facts of the Case
The petitioner, Raju Joseph, proprietor of Future Graphic Systems, Alappuzha, a registered dealer under the CGST and SGST Acts, filed a writ petition before the High Court of Kerala impugning Exhibit P...
GSTR-2A vs GSTR-3B Mismatch Alone Cannot Deny ITC: Kerala High Court Sets Aside Section 73 Assessment Order and Recovery Notice Against Geetha Agencies in Geetha Agencies vs Deputy Commissioner of State Tax (WP(C) No.32070 of 2023)
Facts of the Case
The petitioner, Geetha Agencies, a proprietorship represented by its proprietor Vasantha K.P. and registered under the SGST Act, filed a writ petition before the High Court of Kerala challenging Exhibi...
Writ Withdrawn to Avail GST Amnesty Scheme: Orissa High Court Permits Kshirod Kumar Nayak to Withdraw Petition With Liberty Reserved in M/s Kshirod Kumar Nayak vs Deputy Commissioner of CT & GST (W.P.(C) No.31529 of 2023)
Facts of the Case
The petitioner, M/s Kshirod Kumar Nayak, filed a writ petition before the High Court of Orissa at Cuttack against the Deputy Commissioner of CT & GST, Kendrapada Circle, and others, in relation to a di...
ITC Blocking Upheld Pending Departmental Remedy: Kerala High Court Dismisses Latta Innovations' Writ Petition Against Rule 86A Action Over Fake ITC From a Non-Existent Supplier in Latta Innovations Private Limited vs Union of India (WP(C) No.42111 of 2023)
Facts of the Case
The petitioner, Latta Innovations Private Limited, a taxable person registered under the Taxpayer Services Circle, Nattika, Thrissur, approached the High Court of Kerala under Article 226 challenging t...
Delay Defeats Justice: Andhra Pradesh High Court Dismisses Oxford Education Society's Writ Petition Challenging GST Registration Cancellation Filed Nearly Four Years Late in Oxford Education Society vs Union of India (Writ Petition No.32126 of 2023)
Facts of the Case
The petitioner, Oxford Education Society, a registered entity based in Anantapur District, Andhra Pradesh, approached the High Court of Andhra Pradesh under Article 226 of the Constitution challenging ...
GST Writ Petition Against CGST Authorities Dismissed as Infructuous on Joint Concession: Rajasthan High Court Closes Long-Pending Proceedings Without Adjudicating the Underlying Grievance in M/s. Garg Fertilizer Company vs Union of India (D.B. Civil Writ Petition No. 6574/2018)
Facts of the Case
The petitioner, M/s. Garg Fertilizer Company, Sriganganagar, filed a writ petition in 2018 before the Jodhpur Bench of the Rajasthan High Court against the Union of India (through the Chief Commissione...
GST Show Cause Notice Challenge Disposed of With Liberty to Reply: Kerala High Court Declines to Rule on Merits and Directs Adjudication After Hearing in M/S. Acura Medicals vs Superintendent, Central Tax and Central Excise, Vadakara Range (WP(C) No. 20346 of 2023)
Facts of the Case
The petitioner, M/S. Acura Medicals, represented by its Managing Partner, filed a writ petition before the Kerala High Court impugning a show cause notice numbered 01/2022-23/GST dated 21 December 2022...
GSTR-3B Revision Plea Dismissed for Missing the Filco Trade Centre Window: Rajasthan High Court Declines Relief for CGST/SGST Credit-Head Mismatch But Leaves Door Open for Future Extension in M/s. Leena Traders vs Union of India (D.B. Civil Writ Petition No. 511/2020)
Facts of the Case
The petitioner, M/s Leena Traders, a proprietorship based at Mount Abu, filed a writ petition before the Jodhpur Bench of the Rajasthan High Court against the Union of India (through the Commissioner, ...
GST Registration Revocation Delay Condoned on Consent: Orissa High Court Directs Portal Access for Filing Returns Subject to Payment of Taxes, Interest, Late Fee and Penalty Under Rule 23 of the Odisha GST Rules in Dayanidhi Patra vs Principal Commissioner, CGST, Bhubaneswar (W.P.(C) No. 35695 of 2023)
Facts of the Case
The petitioner, Dayanidhi Patra, approached the High Court of Orissa at Cuttack seeking relief in respect of a delayed revocation of his cancelled GST registration, against the Principal Commissioner, ...
Penalty Under Section 129(1)(b) Quashed for Wrong Computation: Allahabad High Court Directs Recomputation Under Section 129(1)(a) of the UP GST Act on Finding Petitioner Was Owner of Detained Goods in Shri Sai Enterprises vs State of U.P. (Writ Tax No. 1364 of 2023)
Facts of the Case
The petitioner, Shri Sai Enterprises, challenged a goods-detention order dated 9 November 2023 and a subsequent penalty order dated 22 November 2023, both passed by the Assistant Commissioner, State Ta...