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Telangana High Court Holds Anticipatory Bail Under Section 438 CrPC Not Maintainable at Summons Stage Under Section 69 CGST Act, Following Supreme Court Ruling; Grants Liberty to Invoke Writ Jurisdiction — Vemula Yougander vs Union of India (Criminal Petition No. 10430 of 2023)
Facts of the CaseThe petitioner, Vemula Yougander, apprehending arrest, filed a petition under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in connection with an investigation by the Dire...
Patna High Court Grants Statutory Stay of GST Recovery Under Section 112(9) BGST Act Despite Non-Constitution of Appellate Tribunal in Cohesive Infrastructure Developers vs Central Board of Indirect Taxes and Customs (CWJC No. 15438 of 2023)
Facts of the CaseThe petitioner, M/s Cohesive Infrastructure Developers Pvt. Ltd., through its Managing Director, filed a writ petition before the Patna High Court under Article 226 of the Constitution seeking multifario...
Gauhati High Court Grants Fifteen Days to Seek Revocation of GST Registration Cancellation Beyond the Statutory 270-Day Window, Subject to Clearing Pending Returns and Dues — Smti. Rekhamoni Goswami vs Union of India (WP(C)/7018/2023)
Facts of the CaseThe petitioner, Smti. Rekhamoni Goswami, sole proprietor of M/s New India Electricals, was registered under the Central Goods and Services Tax Act, 2017, holding registration certificate GSTIN 18ACPPG934...
Karnataka High Court Disposes of Section 16(4) CGST Constitutional Challenge as Not Pressed, Relegates Civil Contractor to Statutory Appeal in Prakash Mayappa Jambagi vs Assistant Commissioner of Commercial Taxes (WP No. 102880 of 2022)
Facts of the Case
Petitioner Prakash Mayappa Jambagi, a civil contractor registered under GST (GSTIN 29ARIPJ9069P1ZP), filed a writ petition under Articles 226 and 227 challenging the constitutional validity of Section ...
Punjab and Haryana High Court Disposes of GST Registration Cancellation Petition as Infructuous After Registration Already Restored by Tax Authority — Kalsi Steel Industries vs State of Punjab (CWP-19836-2023)
Facts of the CaseThe petitioner, Kalsi Steel Industries, approached the Punjab and Haryana High Court after its GST registration was cancelled with effect from 06.06.2023 by an order dated 21.09.2023. The petitioner soug...
Calcutta High Court Directs GST Bureau of Investigation to Dispose of Taxpayer's Pending Representation Within Four Weeks Without Examining Merits in Swapan Kumar Biswas vs Assistant Commissioner of State Tax (GST) (WPA 24477 of 2023)
Facts of the CaseThe petitioners, Swapan Kumar Biswas and another, filed a writ petition before the Calcutta High Court against the Assistant Commissioner of State Tax (GST), Bureau of Investigation (South Bengal), Durga...
Madras High Court Sets Aside GST Assessment Order Passed Without Notice, Remands for Fresh Adjudication in Tvl. Singarammal Construction vs Deputy Commissioner (State Tax) (W.P(MD)No.25988 of 2023)
Facts of the Case
Tvl. Singarammal Construction, a partnership firm engaged in construction, represented by its partner John Arumugam, is registered under GST bearing GSTIN 33ABUFS5858D1ZP. The second respondent, the St...
Karnataka High Court Declines to Examine Section 16(4) CGST Act Challenge as Not Pressed, Relegates Petitioner to Statutory Appeal Without Expressing Views on Merits — M.A.R. Fabricators India Pvt. Ltd vs Deputy Commissioner of Central Tax (Writ Petition No. 104870 of 2022)
Facts of the CaseThe petitioner, M/S. M.A.R. Fabricators India Pvt. Ltd, represented by its director, moved the Karnataka High Court under Articles 226 and 227 questioning the constitutional validity of Section 16(4) of ...
Patna High Court Quashes Order Directing Refund of GST Paid on Bio-Medical Waste Treatment Services After State Tax Authority Confirms Levy Was Valid in Environment Care and Solution Services vs State of Bihar (CWJC No. 4274 of 2023)
Facts of the CaseThe petitioner, M/s Environment Care and Solution Services, entered into an agreement dated 05.10.2016 with the Patna Medical College and Hospital (PMCH) for running and maintaining the Bio-Medical Waste...
Orissa High Court Disposes of GST Writ Petition in Terms of Common Batch Order — Biswashree Agam Prasad Behera vs Commissioner, Commercial Tax & GST, Odisha (W.P.(C) No. 19907 of 2023)
Facts of the CaseThe petitioner, Biswashree Agam Prasad Behera, filed a writ petition before the Orissa High Court against the Commissioner, Commercial Tax & GST, Odisha and others, taken up through hybrid mode on 22...