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Gujarat High Court Orders Release of Detained Areca Nut Consignment Worth Rs.63.70 Lakh Under Section 129 CGST Act on Deposit of Tax and Penalty, Declines to Quash Detention Order at This Stage — Sreejith K. vs State of Gujarat (R/SPECIAL CIVIL APPLICATION NO. 19116 of 2021 with CIVIL APPLICATION NO. 1 of 2022 and R/SCA NO. 3640 of 2022)
Facts of the Case
The petitioner, proprietor of M/s. Sridev Traders, Rajkot, trades in Areca Nuts and was registered
with GST on 06.10.2021. It had placed an order for 24,500 kg of Areca Nuts worth
Rs.63,70,000 with i...
Andhra Pradesh High Court Directs Immediate Disbursal of Rs.1.44 Crore GST Refund Under Section 56 CGST Act, Where Entitlement Was Undisputed but Payment Was Stuck at CFMS Level — Bharti Airtel Limited vs State of Andhra Pradesh (WRIT PETITION No.182 of 2022)
Facts of the Case
Bharti Airtel Limited (GSTIN 37AAACB2894G1ZM), a telecom operator registered at
Visakhapatnam, had multiple refund applications sanctioned by the department vide Form
GST RFD-06 orders dated 12.01.20...
Allahabad High Court Quashes Time-Barred Rejection of Section 107 GST Appeal, Holds Limitation Period Stood Suspended Under COVID-19 Orders of the Supreme Court — M/S J.K Infratech vs Additional Commissioner (WRIT TAX No. 76 of 2022)
Facts of the Case
M/S J.K Infratech's GST registration was cancelled by an ex-parte order dated 17.9.2019 passed by
the Assistant Commissioner, Sector-3, Commercial Tax, Sonbhadra, on the basis of a notice claimed to
...
Gujarat High Court Quashes Vague GST Registration Cancellation Show Cause Notice Issued After Goods Detention, Restores GSTIN, Applying Aggarwal Dyeing Precedent on Natural Justice — Sreejith K. Prop. of M/s Sridev Traders vs State of Gujarat (C/SCA/3596/2022)
The Gujarat High Court, in C/SCA/3596/2022, applied its own recent
ruling in Aggarwal Dyeing and Printing Works to quash a registration cancellation
triggered after the dealer's goods were detained in transit and an in...
Gujarat High Court Quashes Cryptic GST Registration Cancellation Orders and Vague Show Cause Notices for Violating Natural Justice, Directs Physical Speaking Notices/Orders by RPAD Until Portal Glitches Are Fixed — Aggarwal Dyeing and Printing Works vs State of Gujarat (R/Special Civil Application No. 18860 of 2021 with 1169, 2263 & 3140 of 2022)
In a common judgment disposing of four connected writ applications, the Gujarat
High Court confronted a pattern it found had become endemic across the State's GST
administration — show cause notices and cancellation ...
Madras High Court (Madurai Bench) Allows Manufacturer's TRAN-1 Rectification, Directs Input Tax Credit of Rs.11,83,309 on Stock to Be Verified and Credited Under Section 140 CGST Act — M/s Sri Desikanathar Textiles Pvt. Ltd. vs Commissioner of GST and Central Excise, Chennai (W.P.(MD) No. 7252 of 2020)
The Madurai Bench of the Madras High Court, in W.P.(MD) No. 7252 of
2020, dealt with a recurring transitional-credit grievance — a manufacturer who filled
the wrong part of FORM GST TRAN-1 and could not transition in...
Orissa High Court Declines to Interfere at Show Cause Stage With Section 74 CGST/OGST Notice, Holds Jurisdictional Objection to GSTR-9 Restrictions on ITC and Disputed Tax Facts Must Go to the Proper Officer — Rajendra Narayan Mohanty vs CT & GST Officer, Cuttack-I East Circle (W.P.(C) No. 5332 of 2022)
The Orissa High Court, in W.P.(C) No. 5332 of 2022, examined whether a
writ petition challenging a show cause notice under Section 74 of the CGST/OGST Act,
2017 could be entertained before the petitioner had even filed...
Kerala High Court Dismisses Writ Appeal, Confirms Single Judge's Rejection of Natural Justice Challenge to GST Orders, Preserves Liberty to Approach Competent Authority — M/s Total Oil Indian Pvt Ltd vs Deputy Commissioner of State Tax (WA No. 79 of 2022 arising from WP(C) No. 26443 of 2021)
M/s Total Oil Indian Pvt Ltd (now known as Total Energies Marketing India Pvt Ltd), Vannamada, Palakkad, represented by its Manager (Taxation) Arun K Vishwakarma, had filed W.P.(C).No.26443 of 2021 before the High Court ...
Kerala High Court Allows Department's Review Petition, Clarifies That Adjudication Following Section 129 Detention of Goods Must Be Completed Under Section 129 and Not Section 130 of the CGST Act — Asst. State Tax Officer vs Sobha Ltd (R.P. No. 799 of 2021 in W.P.(C) No. 30317 of 2019)
The original writ petition, W.P.(C).No.30317 of 2019, was filed by Sobha Ltd, Sobha City, Puzhakkal, Thrissur, represented by its authorized signatory V.G. Venugopal, challenging detention proceedings initiated by the St...
Kerala High Court Allows Department's Review Petition, Clarifies That Adjudication Following Section 129 Detention of Goods Must Be Completed Under Section 129 and Not Section 130 of the CGST Act — State GST vs M/s Hydrolic Corporation Kerala (R.P. No. 683 of 2021 in W.P.(C) No. 16384 of 2020)
The original writ petition, W.P.(C).No.16384 of 2020, was filed by M/s Hydrolic Corporation Kerala, Colonypady, Erumathala, Aluva, Ernakulam District, represented by its proprietor Imran Hussain, challenging detention pr...