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Kerala High Court Rejects Constitutional Challenge to Section 174(2) CGST Act Transitional Savings Clause and Upholds Recovery Proceedings, Following Binding Division Bench Precedent on Point, in Akash Roofing Products vs Union of India (WP(C) No.29325 of 2023)
Facts of the CaseThe petitioner, a proprietary concern engaged in manufacture and sale of profile roofing sheets, was investigated by the Directorate General of GST Intelligence (DGGI), Kochi, for alleged clandestine rem...
Order Passed on Unserved Notice Quashed: Allahabad HC Directs Fresh Notice and Personal Hearing for Sakshi Enterprises (WRIT TAX No. - 809 of 2023)
Facts of the Case
The petitioner, M/S Sakshi Enterprises, challenged an order dated 19.4.2023 passed by respondent No. 2, directing it to deposit Rs. 63,12,126/- under the GST law. The petitioner's case was that a show-...
Bail Granted: Telangana High Court Allows Regular Bail in Rs. 24 Crore Fake ITC Case in Petitioner v. State (Criminal Petition No. 8330 of 2023)
Facts of the Case
The petitioner, a partner of M/s. Keshan Industries LLP, registered under GSTIN 36ABFFA8447D1ZH at Toopran, Medak, Telangana and engaged in manufacturing copper products from copper scrap, was arrested...
Field-Visit Finding Is a Question of Fact: Andhra Pradesh HC Relegates GST Registration Cancellation Challenge to Statutory Appeal (WRIT PETITION No.28853 of 2023)
Facts of the Case
The petitioner, a taxpayer holding GST registration No. 37A1AP15009B1ZW, challenged the cancellation of its registration by the 4th respondent vide proceedings dated 07.07.2023, and the subsequent reje...
"High-Handedness and Gross Abuse of Power": Bombay HC Orders Refund of Rs. 62.32 Lakh Debited by CGST Officers Without Authority in Pradeep Kumar Siddha (WRIT PETITION NO.8298 OF 2022)
Facts of the Case
The petitioner, Shri Pradeep Kumar Siddha, had earlier obtained an order in Writ Petition No. 8915 of 2021 directing the GST authorities to unfreeze his Axis Bank account, which the bank complied with ...
Post-Decisional Hearing Mandatory: Karnataka High Court Reads Natural Justice Into Rule 86A ITC Blocking in K-9 Enterprises v. State of Karnataka (WP No. 104242 of 2023)
Facts of the Case
The petitioners, a group of proprietorship/partnership businesses dealing in lead and lead scrap and registered under the Karnataka Goods and Services Tax Act, 2017, had their Input Tax Credit (ITC) bl...
Orissa High Court Condones Delay in Seeking Revocation of GST Registration Cancellation Subject to Full Payment of Tax, Interest, Late Fee and Penalty in Dinesh Kumar Panda vs State Tax Officer Bhubaneswar (W.P.(C) No.8516 of 2026)
Facts of the CaseThe petitioner, Dinesh Kumar Panda, had his GST registration cancelled by order dated 16.09.2025 pursuant to a show cause notice dated 14.08.2025, under the Central Goods and Services Tax Act, 2017. The ...
Non-Constitution of GSTAT No Bar to Stay: Patna HC Protects Pragati Enterprises on 20% Deposit Pending Tribunal's Constitution (Civil Writ Jurisdiction Case No.8165 of 2023)
Facts of the Case
The petitioner, M/s Pragati Enterprises, a proprietorship represented by Ashutosh Kumar, filed the present writ petition under Article 226 of the Constitution seeking multiple reliefs against an order ...
No Proof of Cut-Off Rate Dooms Claim: J&K High Court Dismisses Defence Contractor's Service Tax-to-GST Differential Claim in Kiran Constructions Batch (WP(C) No. 170/2021 and connected matters)
Facts of the Case
The lead petitioner, Vishal Verma, sole proprietor of M/S Kiran Constructions, along with connected petitioners in a batch of eleven writ petitions (including WP(C) Nos. 932/2021, 933/2021, 934/2021, 1...
Jharkhand High Court Directs JBVNL to Reimburse GST Withheld From Contractor's Bills Since September 2019 With Statutory Interest, Applying Its Own Precedent in Larsen and Toubro Limited vs State of Jharkhand (W.P.(T) No.4123 of 2023 and Batch)
Facts of the CaseThe petitioner, Larsen & Toubro Limited, was executing an ongoing works contract for Jharkhand Bijli Vitran Nigam Limited (JBVNL) that spanned the introduction of GST. The petitioner contended that JBVNL...