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Orissa High Court Disposes GST Writ Petition on Batch Basis: M/s. Sushama Electricals Works vs Commissioner of CT & GST, Odisha (W.P.(C) No. 17543 of 2023) — Petition Tagged to the Common Order Passed in the Pravat Kumar Choudhury Batch of CT & GST Writ Petitions
Facts of the Case
This writ petition, W.P.(C) No. 17543 of 2023, was filed by M/s. Sushama Electricals Works, Bhubaneswar, against the Commissioner of CT & GST, Odisha, Cuttack, and other opposite parties, arising under...
Kerala HC Directs Time-Bound Adjudication of Section 73 GST Show Cause Notice on Deposit Guarantee Fund and Keeps Suo Motu GST Registration Proceedings in Abeyance: Kerala Co-operative Deposit Guarantee Fund Board vs Commissioner, Central Tax (WP(C) No. 3352 of 2023)
Facts of the Case
The petitioner, the Kerala Co-operative Deposit Guarantee Fund Board, is a statutory body constituted by the Government of Kerala under Section 57B of the Kerala Co-operative Societies Act, 1969 to adm...
Contractor Liable to Bear GST Despite Pre-GST Tender Clause: Calcutta High Court Dismisses Refund Claim in M/s. Kayal Construction vs The State of West Bengal and Others (W.P.A. No. 17188 of 2023 with Connected Writ Petitions)
Facts of the Case
M/s. Kayal Construction, a works contractor, participated in e-tender processes floated by the State of West Bengal and emerged as the successful bidder in four separate works contracts, giving rise to...
Batch Disposal Without Independent Reasoning: Orissa High Court Disposes of Brahmananda Panda's GST Writ Against Union of India and CT & GST Department in Terms of the Pravat Kumar Choudhury Common Order (W.P.(C) No. 27139 of 2023)
Facts of the CaseThe petitioner, Brahmananda Panda, filed a writ petition before the High Court of Orissa at Cuttack against the Union of India and others, including the CT & GST Department, Odisha, and the CGST, Cen...
Writ Declined for Alternate Remedy: Kerala High Court Relegates E-Way Bill Vehicle-Detention Dispute Under Section 129 CGST Act to Statutory Appeal in Meena Kuruvila and Raveendran Abilash vs State of Kerala and Others (WP(C) No. 23282 of 2023)
Facts of the Case
The first petitioner, Meena Kuruvila, is stated to be a Director of M/s. Daily Express LLP, engaged in the transportation of goods within Kerala, and the second petitioner, Raveendran Abilash, is the p...
Failed Amnesty Scheme Payment Due to Portal Glitch Not Held Against Assessee: Kerala High Court Permits Alavi N to Pay Belatedly Under the 2022 GST Amnesty Scheme Despite the Missed Payment Deadline and Recovery Sale Notice (WP(C) No. 27157 of 2023)
Facts of the CaseAlavi N, a 63-year-old resident of Edakkara, Malappuram District, had applied for the Kerala GST Amnesty Scheme, 2022 (introduced by Circular No. 5/2022 dated 25.03.2022) on 27.08.2022 and was directed t...
Appellate Rejection on Limitation Set Aside: Allahabad High Court Applies Supreme Court's COVID Limitation-Extension Order to Remand GST Appeal for Decision on Merits in M/S Ankit Motors vs State of U.P. (WRIT TAX No. 1340 of 2022), Condoning Delay Under Section 107
Facts of the Case
The petitioner, M/S Ankit Motors, challenged an order dated 25.08.2022 by which its statutory appeal, filed against an original order dated 22.09.2021, was dismissed as barred by limitation under Secti...
Registration Restored Despite Time-Barred Appeal: Madras High Court Allows Revocation of GST Registration Cancellation for Non-Filing of Returns in M/s.Cloudnetworks vs Additional Commissioner (Appeals), GST and Central Excise, Madurai (W.P.(MD)No.26398 of 2023), Directing Filing of Returns Within Six Weeks
Facts of the Case
The petitioner, M/s. Cloudnetworks, represented by its proprietor Vijayaveeran and registered under the Goods and Services Tax Act, 2017 bearing GSTIN 33AFQPV5816C2Z8, is engaged in the cloud networkin...
Belated GST Appeal Window Confirmed: Allahabad High Court Grants Liberty to Avail Notification No. 53/2023-Central Tax Under Section 107 CGST Act in M/S Gupta Trading Company vs State of U.P. (WRIT TAX No. 267 of 2023)
Facts of the CaseM/S Gupta Trading Company filed a writ petition before the High Court of Judicature at Allahabad, in which the only question canvassed was whether CBIC Notification No. 53/2023-Central Tax dated 2 Novemb...
Reasonless Orders Cannot Sustain GST Registration Cancellation: Allahabad High Court Sets Aside Cancellation and Appellate Orders, Remits for Fresh Reasoned Decision in Vishwanath Traders And 2 Others vs Union of India And 4 Others (WRIT TAX No. 1180 of 2023)
Facts of the CaseVishwanath Traders and two others challenged the cancellation of GST registration of petitioner no. 3, effected by order dated 03.09.2021 of the respondent no. 5, under the Central Goods and Services Tax...