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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...
Karnataka High Court Quashes Ex-Parte GST Registration Cancellation Order for Non-Application of Mind, Grants Conditional Relief Subject to Filing Returns — M/S VRR Tours and Travels Private Limited vs Union of India (WP No. 25221 of 2022)
Facts of the Case
The petitioner, M/S VRR Tours And Travels Private Limited, Bangalore, represented by its Managing Director, challenged before the Karnataka High Court a Show Cause Notice dated 25.04.2022 (Reference ...
Orissa High Court Disposes of GST Writ Petition in Terms of Common Batch Order in Pravat Kumar Choudhury Case, in Ajit Kumar Senapati vs Commissioner, CT & GST, Odisha (W.P.(C) No. 34452 of 2023)
Facts of the CaseThe petitioner, Ajit Kumar Senapati, filed a writ petition before the Orissa High Court against the Commissioner, CT & GST, Odisha, and others. The matter was taken up through hybrid mode on 08.11.20...
Karnataka High Court Modifies Conditions for Interim Release of Confiscated Goods Under Section 130, Holding Revenue Cannot Seek Stricter Terms Without Appealing the Original Order — M/S Quadri and Company vs Commercial Tax Officer (Writ Appeal No. 100629 of 2023 and Connected Appeals)
Facts of the CaseThe appellant, M/S Quadri and Company, a proprietary concern engaged in the supply of areca nut, had a consignment intercepted in transit by the Assistant Commissioner of Commercial Taxes (Enforcement). ...
Orissa High Court Disposes of GST Writ Petition in Terms of Common Order Passed in Connected Batch of Writ Petitions — M/s. Pradhan Tyres, Bharosa Developers, Pragati Transport vs Addl. Commissioner of Commercial Taxes and GST, Rourkela (W.P.(C) No. 5988 of 2023)
Facts of the Case
The petitioners — M/s. Pradhan Tyres, Bharosa Developers and Pragati Transport, all of Sundargarh — filed a writ petition before the Orissa High Court against the Addl. Commissioner of Commercial...
Karnataka High Court Disposes of Section 16(4) CGST/SGST Act Constitutional Challenge as Not Pressed, Grants Liberty to Pursue Appellate Remedy in Rahimansab vs Assistant Commissioner of Commercial Taxes (WP No. 104529 of 2022)
Facts of the CaseThe petitioner, Shri Rahimansab, a PWD contractor from Koppal, Karnataka, challenged the constitutional validity of Section 16(4) of the CGST/SGST Act, 2017 read with Rule 61(5) of the Karnataka GST Rule...
Telangana High Court Dismisses Writ Challenging Section 74 CGST Act Coercive Recovery as Infructuous After Subsequent Order-in-Original Separately Challenged — M/s. Reliance Traders vs Union of India (Writ Petition No. 8297 of 2021)
Facts of the Case
The petitioner, M/s. Reliance Traders (GSTIN 36AABPQ2677E1ZO), Hyderabad, filed a writ petition before the Telangana High Court challenging communication dated 12.10.2021 (C.No. HQAE/V/28/2021-Sec) i...
Patna High Court Directs Filing of Delayed GST Appeal Under CBIC Amnesty Notification No. 53 of 2023 Instead of Condoning Delay Beyond Statutory Period in Prashant Luthra vs State of Bihar (CWJC No. 3133 of 2023)
Facts of the CasePrashant Luthra, Director of Brite Neon Signs Pvt. Ltd., approached the Patna High Court seeking to quash an order dated 08.12.2021 passed under Section 73(9) of the Bihar Goods and Services Tax Act, 201...