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Orissa High Court Sets Aside Section 63 OGST Assessment Order for Want of Notice and Opportunity of Hearing, Remands for Fresh Assessment — Sarat Chandra Sahoo vs Commissioner, CT & GST, Odisha (W.P.(C) No. 32703 of 2023)
Facts of the Case
The petitioner, Sarat Chandra Sahoo, filed a writ petition before the Orissa High Court seeking to quash an assessment order dated 02.07.2022 (Annexure-3 series) passed by the Commissioner, CT & GST,...
Kerala High Court Permits Withdrawal of Writ Petition Against GST Arrear Recovery to Pursue Statutory Appellate Remedy in Emmanuvel Rubber Traders vs Deputy Commissioner of State Tax (WP(C) No. 33039 of 2023)
Facts of the CaseThe petitioner, Emmanuvel Rubber Traders, a proprietorship represented by its proprietor Sri Biju Varghese, filed a writ petition before the Kerala High Court challenging arrear recovery action initiated...
Orissa High Court Condones Delay in Filing Revocation Application for GST Registration Cancellation Under Rule 23 OGST Rules, Subject to Payment of Dues — M/s. Shaik Hapijula vs Superintendent, CGST & Central Excise (W.P.(C) No. 40407 of 2023)
Facts of the Case
The petitioner, M/s. Shaik Hapijula of Kendrapara, approached the Orissa High Court seeking condonation of delay in filing an application for revocation of cancellation of GST registration under the ...
Jharkhand High Court Quashes IPC Section 174 Prosecution Over CGST Summons Non-Appearance After Finding Full Tax Payment and Replied Summons in Satyendra Singh Kushwah vs State of Jharkhand (Cr.M.P. No. 2454 of 2019)
Facts of the CaseThe petitioners — Satyendra Singh Kushwah, Director of M/s. SSK Devcon Private Limited, and the company itself — sought quashing of criminal proceedings arising out of Complaint Case No. 1880...
Kerala High Court Upholds KSEB Tender-Evaluation Circular Distinguishing GST-Registered and Unregistered Contractors, Holds Input Tax Credit Offsets Any Disadvantage — Jiril G. Palath vs Kerala State Electricity Board Limited (WP(C) No. 18906 of 2021)
Facts of the Case
The petitioners, four individual contractors undertaking works for the Kerala State Electricity Board Limited (KSEB) and registered dealers under the CGST/SGST Act, 2017, challenged Clause 3 of KSEB'...
Recovery Upheld: Jammu & Kashmir and Ladakh High Court Holds Special Tehsildar Recoveries Competent to Enforce Section 79 GST Act Dues as Land Revenue, Dismisses Challenge to Non-Bailable Warrant in Sheikh Mohammad Yaqoob vs Union Territory of Jammu & Kashmir and Others (WP(C) No. 2785 of 2023)
Facts of the CaseSheikh Mohammad Yaqoob, a Government contractor stated to be paying GST on completion of Government contracts, filed a writ petition before the High Court of Jammu & Kashmir and Ladakh at Srinagar ag...
Chhattisgarh High Court Directs Water Resources Department to Decide Civil Contractor's Representation for Refund of Additional GST Burden — A.P. Nirman Limited vs State of Chhattisgarh (WPT No. 248 of 2023)
Facts of the Case
The petitioner, A.P. Nirman Limited, a civil contractor, had entered into an agreement with the Water Resources Department, Government of Chhattisgarh, to execute civil works, undertaking under the a...
Dismissed as Not Pressed: Kerala High Court Closes Challenge to GST Notice for FY 2017-18 Without Adjudication on Merits in Vyshak P.G. vs State Tax Officer, 2nd Circle, State GST Department, Tripunithura (WP(C) No. 25379 of 2020)
Facts of the CaseVyshak P.G., proprietor of M/s. Voila Hospitality Services, Kadavanthra, Ernakulam, had filed a writ petition before the High Court of Kerala at Ernakulam back in 2020 challenging a notice issued by the ...
Kerala High Court Permits Withdrawal of Bail Application Connected to GST Seizure and Summons, With Liberty to Refile — Aboobaker Parengal vs State of Kerala (Bail Appl. No. 1094 of 2022)
Facts of the Case
The petitioner/accused filed Bail Application No. 1094 of 2022 before the Kerala High Court in connection with proceedings arising out of a seizure order dated 30.01.2022 and summons dated 30.01.2022...
Constitutional Challenge Not Pressed: Karnataka High Court (Dharwad Bench) Disposes of Section 16(4) CGST/SGST Act Writ With Liberty to Avail Statutory Remedy in Shri. Basagoud vs Assistant Commissioner of Commercial Taxes (Audit), Jamkhandi (WRIT PETITION No. 104164 of 2022 (T-RES))
Facts of the CaseShri. Basagoud, a contractor holding GSTIN 29BGWPP4868E1ZI, filed a writ petition before the High Court of Karnataka, Dharwad Bench, challenging the constitutional validity of Section 16(4) of the CGST/S...