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No Dual Remedy in GST Penalty Dispute: Allahabad High Court Dismisses Writ Against Section 122 CGST Order Since Statutory Appeal Already Filed in Vipin Sharma v. Additional Commissioner, Central GST and Central Excise, Agra (WRIT TAX No. 942 of 2023)
Facts of the Case
The petitioner, Vipin Sharma, filed a writ petition before the High Court of Judicature at Allahabad challenging an Order-In-Original dated 26.05.2023 passed under Section 122 of the Central Goods and ...
Writ Against IGST Refund Recovery Notice Dismissed: Telangana High Court Holds Show Cause Notice Valid as Issued by Proper Officer After Pre-Consultation, Grants Liberty to Reply in Nektar Therapeutics (India) Pvt Ltd vs Union of India (Writ Petition No.22584 of 2023)
Facts of the Case
The petitioner, Nektar Therapeutics (India) Pvt Ltd, a wholly owned subsidiary of Nektar Therapeutics Inc., USA, providing research and development services to its US parent, challenged before the Tela...
Delay in GST Registration Revocation Application Condoned: Orissa High Court Directs Acceptance of GSTR-3B Return Subject to Payment of Dues in M/s. Gaurav Mohanty v. Joint Commissioner of State Tax (Appeal), CT & GST (W.P.(C) No.34628 of 2023)
Facts of the Case
The petitioner, M/s. Gaurav Mohanty, filed a writ petition before the High Court of Orissa at Cuttack against the Joint Commissioner of State Tax (Appeal), CT & GST, Bhubaneswar Range, seeking condonat...
GST Transition Refund Claim: Chhattisgarh High Court Directs Water Resources Department to Decide, Within Sixty Days, a Civil Contractor's Pending Representation in A.P. Nirman Limited v. State of Chhattisgarh and Others (WPT No. 244 of 2023)
Facts of the Case
The Petitioner, A.P. Nirman Limited, a company engaged as a civil contractor and represented by its Director, had entered into an agreement with the State Government's Water Resources Department (throu...
Bank Account Defreezed: Telangana High Court Directs GST Department to Reconsider Attachment Under Form GST DRC-13 After Petitioner Proves Resignation as Director Years Before Recovery Proceedings in M.Madhusudan Reddy vs Union of India (Writ Petition No.31830 of 2023)
Facts of the Case
The petitioner, M. Madhusudan Reddy, an agriculturist aged about 68, filed a writ petition before the Telangana High Court after his savings bank account bearing No. 913010013168874 with Axis Bank, Hab...
GSTR-2A/3B Mismatch Alone Not Enough: Kerala High Court Sets Aside Input Tax Credit Denial and Grants a Fresh Opportunity to Prove a Genuine Claim in M/s Sakthi Timber and Plywoods v. Assistant Commissioner, SGST Department and Others (WP(C) No. 30949 of 2023)
Facts of the Case
The Petitioner, M/s Sakthi Timber and Plywoods, Kuthuparamba, Kannur, challenged an assessment order (Ext.P1) and a consequent revenue recovery notice (Ext.P2) before the High Court of Kerala. The Peti...
Tender Price Held Inclusive of GST: Telangana High Court Dismisses Challenge to Municipal Manpower Tender in M/s Manogna Enterprises v. State of Telangana (WRIT PETITION NO: 35027 OF 2023), Finds No Advance Ruling Requirement Under CGST Act
Facts of the Case
The petitioner, M/s Manogna Enterprises, a partnership firm, filed a writ petition before the High Court for the State of Telangana at Hyderabad challenging two Short Tender Notices (Tender ID Nos. 485...
Two-Day Delay Condoned: Andhra Pradesh High Court, Amaravati, Allows Writ Petition No.25840 of 2023 Against Rejection of the Section 107 CGST Act Appeal Challenging GST Registration Cancellation, Remits the Appeal for Fresh Hearing on Merits
Facts of the Case
The petitioner's GST registration had been cancelled by the third respondent by order dated 11th March 2023. The petitioner filed a statutory appeal against the cancellation under Section 107 of the ...
Section 16(4) Challenge Withdrawn: Karnataka High Court Declines to Examine Constitutional Validity of the Input Tax Credit Time Limit and Relegates Taxpayer to Statutory Appeal in Chamansab Hajaratsab Tamboli v. Assistant Commissioner of Commercial Taxes and Others (WP No. 102607 of 2022)
Facts of the Case
The Petitioner, Chamansab Hajaratsab Tamboli, a 75-year-old contractor holding GSTIN 29AFTPT9167M1Z0, filed a writ petition before the High Court of Karnataka, Dharwad Bench, challenging the constituti...
Batch Order Applied: Orissa High Court Disposes Himanshu Pradhan vs Commissioner of CT and GST, Odisha (W.P.(C) No.35043 of 2023) by Adopting the Common Order Passed in the Pravat Kumar Choudhury Batch of Connected GST Writ Petitions
Facts of the Case
The petitioner, Himanshu Pradhan, filed W.P.(C) No.35043 of 2023 before the High Court of Orissa at Cuttack against the Commissioner of CT & GST, Odisha and other opposite parties, in connection ...