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Delhi High Court Leaves Open Whether Section 107 CGST Pre-Deposit Can Be Waived; Grants One-Time Four-Week Extension to File Appeal Against Rs. 7.42 Crore ITC Demand — AARN Iron and Steel Private Limited vs GST Officer Ward 64 (W.P.(C) 17631/2024)
Facts of the Case
A Show Cause Notice was issued to the petitioner, AARN Iron and Steel Private Limited, on 20.05.2024 seeking recovery of excess Input Tax Credit (ITC) for FY 2019-20 on three grounds: excess claim on a...
Telangana High Court Sets Aside GST Section 73 Assessment Order for Failure to Consider Petitioner's Written Reply to Show Cause Notice; Remands for Fresh Hearing Without Opinion on Merits — Rajeswara Reddy Avula vs Union of India (W.P. No. 36627 of 2024)
Facts of the Case
The petitioner, M/s. Rajeswara Reddy Avula, Hyderabad, was assessed under Section 73 of the Telangana Goods and Services Tax Act and the Central Goods and Services Tax Act, 2017 for FY 2019-20 vide an ...
Jammu & Kashmir High Court Holds State Excise Duty on Rectified Spirit and GST Are Legally Distinct Levies, Not Double Taxation; Batch of Writ Petitions Disposed With Split Outcome — M/S Cadila Pharmaceuticals Ltd. vs State of Jammu and Kashmir (WP(C) No. 3273 of 2019 & Batch)
Facts of the Case
This batch of twenty writ petitions was filed by pharmaceutical and other industrial units operating in the Union Territory of Jammu and Kashmir, including M/S Cadila Pharmaceuticals Ltd., challenging ...
Andhra Pradesh High Court Sets Aside GST Assessment Order for Want of Signature and DIN Number; Allows Fresh Assessment After Notice — Radha Madhav Automobiles Private Limited vs State of Andhra Pradesh (W.P. No. 31359 of 2024)
Facts of the Case
The petitioner, Radha Madhav Automobiles Private Limited, Vijayawada, was assessed under the Goods and Services Tax Act, 2017 for the period 2017 to 2022 through a Summary of Order in Form GST DRC-07 d...
Andhra Pradesh High Court Holds Flavoured Milk Taxable Under HSN 0402 at 5% GST, Not Heading 2202; Allows Batch of Writ Petitions and Sets Aside DRC-07 Orders — Srichakra Milk Products LLP vs Deputy Assistant Commissioner (ST) (W.P. No. 10296 of 2023 & Batch)
Facts of the Case
This batch of five writ petitions was filed by M/s. Srichakra Milk Products LLP (Eluru, West Godavari District) and M/s. Sangam Milk Producer Company Limited (Guntur District) challenging assessment ...
Andhra Pradesh High Court Directs Municipality to Decide GST/Service Tax Difference Claim of an Outsourcing Contractor Within Three Months on Production of Remittance Certificates — M/s Manpower Servicing Agencies vs The State of Andhra Pradesh (W.P. No. 21758 of 2024)
Facts of the Case
The petitioner, M/s Manpower Servicing Agencies, Guntur, represented by its Managing Director, supplied Data Entry Operators on an outsourcing basis to the Gudivada Municipality (the fifth respondent...
Andhra Pradesh High Court Holds Disputed Questions of Fact on Detention of Goods Cannot Be Decided in Writ; Directs Completion of Section 129 CGST Proceedings Within Two Weeks — Madhagoni Venkaiah vs Deputy Assistant Commissioner (State Tax) (W.P. No. 29363 of 2024)
Facts of the Case
The petitioner, Sri Madhagoni Venkaiah, is the owner of a lorry bearing registration No. TS05 UC 2257. The vehicle was seized by the first respondent on 03.11.2024 at Vijayawada while transporting 21...
Telangana High Court Directs Appellate Authority to Decide Stay Application Within Two Weeks Where Bank Account Was Attached for GST Arrears Under Section 73 of the CGST Act, 2017 — M/s Shubham Plast vs The State of Telangana (W.P. No. 36296 of 2024)
Facts of the Case
The petitioner, M/s Shubham Plast (GSTIN 36ABPFS2758F1ZR), Shivarampally, Rangareddy, Telangana, represented by its proprietor Smt. Indira Lahoti, approached the High Court against Notice No. RJNR-II...
Refund Under Notification 56/2002-CE Cannot Be Recovered Solely on Third-Party Investigation: J&K High Court Dismisses Revenue's Section 35G Appeal in Commissioner of Central GST & Central Excise, Jammu vs M/s Narbada Industries (CEA No. 7/2020)
Facts of the Case
M/s Narbada Industries, Bari Brahmana, Jammu, was engaged in the manufacture of “Menthol Flakes” and availed area-based exemption under Notification No. 56/2002-CE dated 14.11.2002. Durin...
M/s. Coal Trading Entity vs State of Andhra Pradesh & Others – Andhra Pradesh High Court Holds GST Refund Application Not Time-Barred Due to Exclusion of Limitation Period under Section 54 of the CGST Act, 2017 | W.P. No. 30152 of 2021
Facts of the CaseThe petitioner, engaged in the business of trading coal,
filed a writ petition challenging the rejection of its GST refund applications
submitted for the tax periods July 2017 to March 2018 and April 2...