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Madurai Bench of Madras High Court Sets Aside GST Assessment Order Passed Without Notice, Remands for Fresh Adjudication After Hearing in Tvl. Singarammal Construction vs Deputy Commissioner (State Tax) (W.P(MD)No.25985 of 2023)
Facts of the CaseThe petitioner, Tvl. Singarammal Construction, represented by its partner, challenged an assessment proceeding passed by the State Tax Officer, Aranthangi Assessment Circle, bearing Order No. GSTIN 33ABU...
Kerala High Court Sets Aside GST Assessment Denying Input Tax Credit Solely for Supplier's Non-Filing of GSTR-1; Remands for Fresh Order Following Diya Agencies in Unity OOH Media Solutions vs Deputy State Tax Officer (WP(C) No.42429 of 2023)
Facts of the CaseThe petitioner, Unity OOH Media Solutions Pvt. Ltd., an assessee under the CGST/SGST Act, 2017, had filed GSTR-1 and GSTR-3B returns for July 2017 to March 2018 and claimed input tax credit (ITC) on purc...
Kerala High Court Declines to Interfere with GST Show-Cause Notice on Banking Services, Directs Adjudicating Authority to Await Other High Courts' Rulings for One Month in South India Bank Ltd vs Union of India (WP(C) No.37764 of 2023)
Facts of the CaseThe petitioner, The South India Bank Ltd, a scheduled private bank registered under the Banking Regulation Act, was served with a show-cause notice (Ext.P1) demanding GST on certain services alleged by t...
Karnataka High Court (Dharwad Bench) Disposes of Section 16(4) CGST Act Constitutional Challenge as Not Pressed, Leaves Petitioner to Statutory Appellate Remedy — Rajesab Moulasab Santi vs Assistant Commissioner of Commercial Taxes and Ors. (WP No.102887 of 2022)
Facts of the Case
The petitioner, Rajesab Moulasab Santi, a contractor registered under GSTIN
29AXGPS4000H1Z1, approached the Karnataka High Court, Dharwad Bench, challenging the
constitutional validity of Section 16(...
Kerala High Court Permits Payment of GST Arrears in Five Monthly Instalments, Directs Lifting of Bank Attachment on First Instalment — M/S Jaybee Gas Agencies and Anr. vs State of Kerala and Ors. (WP(C) No.39932 of 2023)
Facts of the Case
Petitioner No.1, M/S Jaybee Gas Agencies, and its managing partner Smt. Susan Bigili Panaveli, challenged a demand notice dated 26.10.2023 issued by the State Tax Officer (Arrears Recovery), Pathanamth...
Karnataka High Court Declines to Examine Constitutional Validity of Section 16(4) CGST/SGST Act as Challenge Not Pressed; Disposes of Writ with Liberty to Avail Statutory Remedy — Channaveeragouda vs Assistant Commissioner of Commercial Taxes (WP No.104429 of 2022)
Facts of the CaseShri Channaveeragouda, a contractor from Belagavi, filed a writ petition under Articles 226 and 227 challenging the constitutional validity of Section 16(4) of the CGST/SGST Act, 2017 read with Rule 61(5...
Kerala High Court Upholds Penalty Under Section 73(11) CGST/SGST Act for Non-Payment of Tax Collected from Customers, Dismisses Appeal Despite Notice Citing a Different Sub-Section — M/S. Global Plasto Wares vs Assistant State Tax Officer (W.A. No.1874 of 2023)
Facts of the CaseThe appellant, M/s. Global Plasto Wares, was issued a show cause notice dated 28.02.2022 intimating differential tax dues. It paid the tax on 10.03.2022. By order dated 14.09.2023 (Ext.P5), the first res...
Kerala High Court Directs Expeditious Disposal of Pending Appeal Against GST Registration Cancellation Within Two Months — Green Meadows Agri-Horti Solutions Pvt. Ltd. vs State of Kerala (WP(C) No.35883 of 2023)
Facts of the CaseThe petitioner, Green Meadows Agri-Horti Solutions Pvt. Ltd., held GST registration under GSTIN 32AAFCG1320B1ZL, granted on 17.07.2018. A show cause notice under Rule 22(1) of the CGST Rules was issued o...
Telangana High Court Holds Section 438 CrPC Inapplicable to Persons Summoned Under Section 69 CGST Act, Declines to Restrain DGGI Investigation but Directs Summons Only on Mondays and Fridays Considering Petitioner's Disability — Vemula Yougander vs Union of India (DGGI) (WP No.34106 of 2023)
Facts of the CaseThe petitioner, an accountant rendering services to about 122 companies including filing GST returns and invoices for input tax credit, and stated to be 90% physically challenged, was issued a series of ...
Madras High Court (Madurai Bench) Sets Aside GST Fake-Invoice Demand Order for Want of Notice in Regional Language, Directs Fresh Show-Cause Notice — M/s. VJ Enterprises vs Deputy Commissioner (GST Appeals) (WP(MD) No.28242 of 2023)
Facts of the CaseThe petitioner, M/s. VJ Enterprises (GSTIN 33AASFV5385P1Z3), a scrap purchaser registered under the Tamil Nadu Goods and Service Tax Act, 2017, had claimed Input Tax Credit for FY 2020-21 based on invoic...