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M/s J.B. Enterprise vs State of Assam & Ors. – Unpaid Contractor Bills Cannot Be Withheld Merely for Absence of Technical Sanction or Delayed Verification | Article 226
Facts of the
CaseThe petitioner, M/s J.B. Enterprise, was
issued various supply orders dated 10.07.2017 by the concerned Forest
Department authorities for supply of materials including plastic mesh wire
(Tuflex) of s...
M/s Moon Caterers vs State of Chhattisgarh & Others – Article 226 of the Constitution of India | Termination of Smart Parking Licence Agreement Held Harsh, Arbitrary and Disproportionate; High Court Quashes Termination Order
Facts of the CaseRaipur Smart City Limited invited proposals through a request
dated 17 December 2020 for selection of a bidder for the design, development,
implementation, operation and maintenance of Smart Parking Ma...
Netconnect Technology vs Deputy Commissioner (Works Contract) – Recovery Proceedings under KVAT Act to Remain in Abeyance Pending Disposal of Stay Petitions in Statutory Appeals
Facts of the CaseNetconnect Technology was subjected to assessment orders for
the assessment years 2016-17 and 2017-18 under the provisions of the Kerala
Value Added Tax Act. The assessment orders were issued on 12 Jan...
Star Cement Ltd. vs Union of India & Ors. – Gauhati High Court Rejects Claim for Continuation of NEIIPP 2007 Tax Incentives After GST; Section 174(2)(c) of CGST Act Bars Promissory Estoppel Against Rescinded Exemption Notifications
Facts of the
CaseThe Government of
India introduced the North East Industrial and Investment Promotion Policy,
2007 (NEIIPP, 2007) with the objective of encouraging industrial
development in the North-Eastern Region....
Star Cement Ltd. & Ors. vs Union of India & Ors. – Gauhati High Court Upholds Limited GST Budgetary Support; Promissory Estoppel Cannot Override Section 174(2)(c) of the CGST Act, 2017
Facts of the
Case
The matter arose
from a batch of writ petitions filed by industrial units, including Star Cement
Ltd. and other eligible manufacturing units operating in the North-Eastern
Region. The petitioners...
Star Cement Ltd. vs Union of India & Ors. – Gauhati High Court on Section 174(2)(c) of the CGST Act, 2017, NEIIPP 2007, 100% Excise Duty Exemption and GST Budgetary Support Scheme
Facts of the
CaseThe batch of writ
petitions arose from the transition from the erstwhile Central Excise regime to
the Goods and Services Tax regime and its impact upon industrial units
established in the North Easte...
Star Cement Ltd. vs Union of India & Ors. – Gauhati High Court: Section 174(2)(c) of CGST Act, 2017 | GST Budgetary Support Scheme Cannot Be Challenged on Promissory Estoppel; Writ Petitions Dismissed Following Hero MotoCorp Case
Facts of the
CaseThe Gauhati High
Court considered a batch of writ petitions filed by industrial units operating
in the North Eastern Region, with Star Cement Ltd. vs Union of India &
Ors. as the lead matter. The...
Star Cement Ltd. & Ors. vs Union of India & Ors. – Gauhati High Court on Section 174(2)(c) of CGST Act, 2017, GST Budgetary Support Scheme, NEIIPP 2007 and Promissory Estoppel
Facts of the
CaseThe batch of writ
petitions was filed by industrial units operating in the North Eastern Region,
including Star Cement Ltd. and other eligible manufacturing units. The
petitioners had established new...
Star Cement Ltd. vs Union of India & Ors. – Gauhati High Court on NEIIPP 2007, GST Budgetary Support, Promissory Estoppel and Section 174(2)(c) of the CGST Act, 2017
Facts of the
CaseThe batch of writ
petitions was filed by industrial units including Star Cement Ltd. and other
eligible manufacturing units operating in the North-Eastern Region, which
claimed fiscal incentives unde...
Star Cement Ltd. vs Union of India & Ors. – Gauhati High Court on Section 174(2)(c) of the CGST Act, 2017: Promissory Estoppel Cannot Preserve 100% Excise Exemption After GST; Budgetary Support Scheme Upheld in Light of Hero MotoCorp Case
Facts of the
CaseThe lead
petitioner, Star Cement Ltd., along with several similarly situated
industrial units in the North Eastern Region, approached the Gauhati High Court
challenging the curtailment of fiscal ince...