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Commissioner of Central Excise, Patna (Now Commissioner, CGST & Central Excise, Patna-II) vs Indian Oil Corporation Ltd. – Patna High Court Upholds CESTAT Order Setting Aside Excise Penalty under the Central Excise Act
Facts of the CaseThe present Miscellaneous Appeal was filed before the Patna
High Court by the Commissioner of Central Excise, Patna (now Commissioner,
Central GST and Central Excise, Patna-II) challenging the Final Or...
M/s Shyam Sunder Girdhar Gopal vs State of Rajasthan & Others – Rajasthan High Court Holds Writ Petition Not Maintainable Against GST Assessment Order Where Statutory Appeal Under Section 107 of the CGST Act is Available; No Violation of Natural Justice in Absence of Personal Hearing Request
Facts of the Case
The petitioner, M/s Shyam Sunder Girdhar Gopal, filed
three connected writ petitions before the Rajasthan High Court challenging
identical assessment orders dated 22.04.2021 passed by the Joint
Co...
M/s Himalaya Drug Company vs Commissioner of Central Tax (Appeals-II) & Another – Karnataka High Court Condones Delay in GST Appeal under Article 226 and Restores Appeal for Fresh Decision on Merits
Facts of the CaseThe petitioner, M/s Himalaya Drug Company, challenged
the order passed by the Commissioner of Central Tax (Appeals-II), whereby its
GST appeal was dismissed as barred by limitation. The original adjudi...
M/s. Sree Metaliks Ltd. vs Commissioner of CT & GST, Odisha & Others – Orissa High Court Directs Fresh Adjudication of CST Refund Claim After Withdrawal of Refund Rejection Order | Article 226/227 of the Constitution of India, Section 9(2) of the Central Sales Tax Act, 1956 read with Section 78 of the Odisha Value Added Tax Act, 2004
Facts of the CaseThe petitioner, M/s. Sree Metaliks Ltd., approached the
Orissa High Court challenging the communication dated 23.08.2022,
whereby the Joint Commissioner of Sales Tax, Barbil Circle, rejected its
appli...
Bharat Gordhandas Patel vs State of Gujarat – Gujarat High Court Grants Regular Bail in Alleged Fake ITC Fraud Case under Sections 132(1)(a), 132(1)(b) & 132(1)(c) of the GST Act Read with Section 439 CrPC
Facts of the Case
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proceedings were conducted at the business premises of M/s JK Traders,
engaged in the scrap business.
The
investigation revealed that the principal accused had allegedly cre...
Ashish Gupta & Another vs State of Haryana – Punjab & Haryana High Court Grants Regular Bail in GST Fake Billing and IPC Fraud Case under Section 132 of the CGST Act, 2017
Facts of the CaseThe petitioners approached the Punjab & Haryana High Court
seeking regular bail in connection with FIR No. 245 dated 24.05.2022 registered
at Police Station City, Bahadurgarh. Initially, the FIR wa...
Subba Rao Kiranam & General Stores & Connected Petitioners vs State of Telangana & Others – Telangana High Court Directs Authorities to Honour Supreme Court Stay on Food Safety Tobacco Notification No. 501/FSS-I/2022 under Article 226 & COTPA, 2003
Title (Google SEO Friendly – Case Law in VS Form)Facts of the CaseA batch of writ petitions was filed before the Telangana High
Court by several traders engaged in the lawful sale of tobacco products. The
petitioners...
Shri Kaushal Kadel vs. State of West Bengal & Another – Calcutta High Court Directs Fresh Adjudication by Treating GST Assessment Order as Additional Show Cause Notice; Opportunity of Personal Hearing Mandatory under Section 74(9) of the West Bengal GST Act, 2017
Facts of the CaseThe appellant, Shri Kaushal Kadel, challenged the
adjudication order passed under Section 74(9) of the West Bengal GST Act,
2017, primarily contending that the order violated the principles of
natural...
Subba Rao Kiranam & General Stores & Connected Matters vs State of Telangana & Others – Telangana High Court Directs Authorities to Comply with Supreme Court Stay on Food Safety Notification Restricting Tobacco Products under COTPA, 2003
Facts of the CaseA batch of writ petitions was filed before the Telangana High
Court by various traders, wholesalers and retailers engaged in the lawful sale
of tobacco products. The petitioners challenged Notification...
Kavita Rajendra Sonawane vs State of Gujarat – Gujarat High Court Grants Anticipatory Bail to Woman Accused Due to Absence of Evidence of Active Role in Alleged Financial Fraud | Sections 438 CrPC, 420 & 120-B IPC, GPID Act & Prize Chits and Money Circulation Schemes (Banning) Act
Facts of the CaseThe applicant sought anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with an FIR registered for
offences relating to cheating, criminal conspiracy, financial fraud, ...