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Batch Disposal Applied: Orissa High Court Disposes of M/s. Shankar Kumar Bisoi's Writ Petition Against the CT and GST Officer, Koraput, by Adopting the Common Order Dated 06.11.2023 Passed in W.P.(C) No.6684 of 2023 and Batch, Pravat Kumar Choudhury v. Additional State Tax Officer, CT & GST (W.P.(C) No.3555 of 2023)
Facts of the CaseThis writ petition was filed by M/s. Shankar Kumar Bisoi of Koraput, Odisha, against the CT and GST Officer, Koraput, and other opposite parties, invoking the writ jurisdiction of the Orissa High Court u...
Kerala High Court Sets Aside a GST Assessment Order Against Vadakkoot Chackoo Devassy of Sadhu Hardware for Violation of Natural Justice, Remands the Matter Since Notices Were Uploaded to the GST Portal After His Registration Stood Cancelled (WP(C) No.42265 of 2023)
Facts of the CaseVadakkoot Chackoo Devassy, aged 79, proprietor of Sadhu Hardware, Pavaratty, Thrissur District, filed WP(C) No.42265 of 2023 before the Kerala High Court against the Assistant State Tax Officer, Thrissur...
E-Way Bill Requirement Held Unenforceable For February-March 2018: Allahabad High Court Quashes Penalty Imposed Against M/S Sunil Traders, Following Godrej And Boyce And Varun Beverages Precedents, And Orders Refund (Writ Tax No. 678 of 2023)
Facts of the Case
The petitioner, M/S Sunil Traders, represented by Mr. Nishant Mishra and Ms. Vedika Nath, filed Writ Tax No. 678 of 2023 before the High Court of Judicature at Allahabad against the State of U.P. and 2...
No Intent to Evade Tax, Mere Technical Expiry of an E-Way Bill Cannot Attract Section 129 Penalty: Jharkhand High Court Quashes the Demand and Appellate Orders and Permits Refund in M/s. Nezone Tubes Limited vs Union of India and Others (W.P.(T) No.4370 of 2022)
Facts of the Case
The petitioner, M/s. Nezone Tubes Limited, a Kolkata-based manufacturer of electric welded steel tubes, dispatched 20.010 MT of MSPB RHS/SHS to M/s. Bhalotia Auto Products Private Limited, Purba Singhb...
Orissa High Court Disposes GST Writ Petition Filed by Tushar Kanta Nayak Against the Commissioner of Sales Tax, CT and GST, Odisha, Directing That the Matter Be Governed by the Common Order Passed on 6 November 2023 in the Batch Led by Pravat Kumar Choudhury vs Additional State Tax Officer, CT and GST (W.P.(C) No.8233 of 2023)
Facts of the Case
The petitioner, M/s. Tushar Kanta Nayak, filed this writ petition before the High Court of Orissa at Cuttack against the Commissioner of Sales Tax, CT & GST, Odisha and other Opposite Parties. The ...
Writ Appeal Dismissed but Independent Hearing Assured: Kerala High Court Directs Appellate Authority Not to Rely Solely on Inimical Landlord's Statement in GST Registration Cancellation, M/S. Steel India vs The State Tax Officer & Anr (WA No.1859 of 2023)
Facts of the Case
M/S. Steel India, represented by its managing partner, carried an intra-court writ appeal before a Division Bench of the Kerala High Court against dismissal of its writ petition (WP(C) No.29033/2023) b...
Rajasthan High Court Dismisses Writ as Infructuous After Final Assessment Order, Keeps Open Question on Validity of Rule 96(10) CGST Rules in Vaibhav Global Limited vs Union of India and Others (D.B. Civil Writ Petition No. 4465/2021)
Facts of the Case
Vaibhav Global Limited, having its registered office at Sitapura, Jaipur, filed this writ petition on 20.03.2021 before the Rajasthan High Court, Jaipur Bench, questioning the validity of Rule 96(10) o...
Natural Justice Violated: Bombay High Court Quashes the Order-in-Original and Order-in-Appeal Rejecting Sweta Distributors Private Limited's Rs.10,49,562 GST Refund Claim on Export of Services, Holding That Reliance on Rule 89 of the CGST Rules Without Notice to the Petitioner Was Impermissible, and Remands the Matter for Fresh Adjudication (Writ Petition No.2663 of 2023)
Facts of the CaseSweta Distributors Pvt. Ltd. filed an application dated 01.11.2021 in Form GST-RFD-01 claiming a refund of Rs.10,49,562/- of tax paid on export of services for the period August 2021. The Department issu...
IGST Refund on Ocean Freight Deferred to Compliance: Andhra Pradesh High Court Closes Jwala Energy Resources Private Limited's Writ Petition Seeking Refund of Rs.68,36,372 Paid Under Protest, Directing Response to Form GST RFD-03 Under Rule 90(3) of the CGST Rules and Timely Processing by the Assistant Commissioner-SGST, Visakhapatnam (Writ Petition No.27026 of 2023)
Facts of the CaseJwala Energy Resources Private Limited, having its registered office at Visakhapatnam and GSTIN 37AADCJ2112L1ZP, represented by its authorised signatory, filed a writ petition under Article 226 before th...
Karnataka High Court Disposes Revenue's Writ Appeal Against the Interim GST Stay Granted to Theos Metals Trade in an ITC Dispute Citing Ecom Gill Coffee Trading, Relegating the Parties to the Single Judge for Early Disposal (WA No.1517 of 2023)
Facts of the CaseThe Assistant Commissioner of Central Tax, Bangalore East, along with the Principal Commissioner of Central Tax, the CBIC, and the Union of India (the Appellants/Revenue) filed Writ Appeal No. 1517 of 20...