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Karnataka High Court Disposes of Constitutional Challenge to Section 16(4) CGST/SGST Act Time Limit for Input Tax Credit Without Ruling on Merits in Shri Bhimappa vs Department of Commercial Taxes, Gadag & Ors (WP No.100168 of 2023 (T-RES))
Facts of the Case
Shri Bhimappa, a civil contractor from Itagi, Gadag district (GSTIN: 29GNGPS9214G1ZI), filed a writ petition under Articles 226 and 227 of the Constitution before the Karnataka High Court, Dharwad Benc...
Cross-Empowerment Clarified: Patna High Court Holds That Central Tax (DGGI) Proceedings Initiated First Must Prevail Over a Later State GST Audit Notice for the Same Financial Year Under Section 6(2)(b) of the CGST Act, Allowing Baibhaw Construction Private Limited's Writ Petition With Directions Keeping the State Proceedings in Abeyance (CWJC No.2668 of 2023)
Facts of the CaseThe petitioner, M/s. Baibhaw Construction Private Limited, through its Director Ranjan Kumar, a resident of Gopalganj, Bihar, is an assessee registered under the Bihar Goods and Services Tax Act, 2017. T...
Telangana High Court Disposes V.S. Ferrous Enterprises' Writ Challenging Rejection of Its Cross-Examination Request in GST Show Cause Proceedings, Following an Earlier Common Order Directing Case-to-Case Cross-Examination of Relevant Witnesses (Writ Petition No.7008 of 2021)
Facts of the CaseV.S. Ferrous Enterprises Pvt Ltd, Hyderabad, Telangana (the Petitioner), filed Writ Petition No. 7008 of 2021 before the High Court for the State of Telangana under Article 226, against the Union of Indi...
Kerala High Court Relegates GST Truck Confiscation Challenge by Fasalurahman P.T. to the Statutory Appellate Authority Under Section 107 of the CGST/SGST Act, Leaving the Section 130 vs Section 135 Presumption Question Open (WP(C) No.38396 of 2023)
Facts of the CaseFasalurahman P.T., aged 39, proprietor of National Enterprises, Parappirivu, Pudussery, Palakkad, Kerala, filed WP(C) No.38396 of 2023 before the Kerala High Court against the Deputy Enforcement Officer ...
Unsigned Assessment Order Invalid: Andhra Pradesh High Court Sets Aside And Remands GST DRC-07 Order Against M/s Modern Engineers And Contractors Subject To 30% Pre-Deposit, Following Settled Division Bench Precedent On Missing Signature And DIN (Writ Petition No. 19677/2026)
Facts of the Case
The petitioner, M/S Modern Engineers and Contractors, represented by its Managing Partner Kanchapu Joga Venkata Basaveswara Rao, filed Writ Petition No. 19677 of 2026 before the High Court of Andhra Pr...
GST Registration Cancellation Challenge Dismissed on Availability of Alternative Statutory Remedy: Andhra Pradesh High Court Relegates the Petitioner to Revocation and Appeal Proceedings Under Sections 30, 31 and 107 of the GST Act in Writ Petition No.29330 of 2023 vs Assistant Commissioner of State Tax, Palamaneru Circle
Facts of the Case
The petitioner in this writ petition, heard by the High Court of Andhra Pradesh at Amaravati, challenged a registration cancellation order dated 14.07.2023 passed by the Assistant Commissioner of State...
Reasons Are the Live-Nerve of the Order: Andhra Pradesh High Court Sets Aside Provisional Bank Attachment Under Section 83 GST Act for Non-Recording of Reasons Despite Rs.21.58 Crore Fake-ITC Assessment, Arhaan Ferrous vs Senior Intelligence Officer (WP No.12360/2022)
Facts of the Case
The petitioner, M/s. Arhaan Ferrous And Non Ferrous Solutions Pvt Ltd, represented by its Director, is engaged in the iron-scrap business and challenged before the Andhra Pradesh High Court the provisi...
Time-Bound Adjudication Ordered, Cancellation Left Undisturbed: Kerala High Court Directs GST Authorities to Decide Show Cause Notice Within Two Months in DGGI Fake-ITC Probe, M/S. Golden Timber Industries & Ors vs Additional Director, DGGI & Ors (WP(C) No.32843 of 2023)
Facts of the Case
Four petitioners — M/S. Golden Timber Industries, M/S Sree Ayyappa Traders, M/S. Royal Wood Industries and M/S Hindusthan Wood Products, represented by their respective proprietors/proprietresses —...
Allahabad High Court Quashes Non-Speaking Show-Cause Notice and Orders Fresh, Reasoned GST Registration Cancellation Proceedings Within a Month in Hindustan Paper Machinery Industries vs Commissioner CGST and 2 Others (Writ Tax No. 1047 of 2023)
Facts of the Case
Hindustan Paper Machinery Industries (GSTIN: 09AADFH4751N1ZZ), registered under the Central Goods and Services Tax Act, 2017, challenged the order dated 09.08.2023 passed by the Superintendent, CGST Ra...
Delay in Seeking Revocation Condoned: Orissa High Court Allows M/s. Shreekhetra Industries Limited to Invoke the Proviso to Rule 23 of the Odisha GST Rules for Revocation of Cancellation of Its GST Registration, Subject to Clearing All Outstanding Taxes, Interest, Late Fee and Penalty (W.P.(C) No.40400 of 2023)
Facts of the CaseM/s. Shreekhetra Industries Limited, Bhubaneswar, filed a writ petition before the High Court of Orissa at Cuttack against the CT & GST Officer, Bhubaneswar-III Circle, and another opposite party, seekin...