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Commissioner of CGST and Central Excise Jammu vs. Sun Pharma Laboratories Ltd.: Maintainability of High Court Appeal Under Section 35G of the Central Excise Act Against CESTAT Order Granting Refund of Education Cess and Secondary & Higher Education Cess in Light of Supreme Court Precedents
Facts of the Case
The
Appellant, the Commissioner of CGST and Central Excise (Jammu and
Kashmir), Jammu, preferred an appeal under Section 35G of the Central
Excise Act, 1944.
The
appeal chal...
M/s. Ashesh Kumar Behuria vs Commissioner, CT & GST, Odisha and Another – Statutory Appeal Against Adjudication Order, Condonation of Delay Due to Pendency of Writ Petition and Liberty to Challenge Order
Facts of the
CaseThe Petitioner, M/s. Ashesh Kumar Behuria,
approached the High Court of Orissa by filing W.P.(C) No. 27178 of 2022 against
the Commissioner, CT & GST, Odisha and another authority.During the proce...
M/s. Paradeep Phosphates Ltd. vs Union of India and Others – Recovery of GST Refund Is Automatic Consequence of Retrospective Amendment to Rule 89(5) of CGST Rules; Writ Petition Dismissed
Facts of the
CaseM/s. Paradeep Phosphates Ltd. filed a writ petition
before the High Court of Orissa raising four prayers concerning refund under
the GST regime. During the proceedings, the petitioner acknowledged tha...
M/s R D Construction and Supplies vs State of Bihar – GST Registration Restoration, Filing of Pending Returns and Payment of Tax Dues | GST Act, 2017
Facts of the
CaseThe petitioner, M/s R D Construction and
Supplies, through its proprietor Rabindra Mishra, approached the Patna High
Court seeking a direction to the respondents for immediate restoration of its...
Supreme Food Products vs State Tax Officer – Kerala High Court Permits Statutory GST Appeals Against Assessment Orders and Excludes Writ Pendency Period for Limitation
Facts of the
CaseSupreme Food Products approached the High Court of
Kerala being aggrieved by two assessment orders passed under the provisions of
the GST laws for the assessment years 2017-18 (November to March) and ...
L&T Hydrocarbon Engineering Limited vs Indian Oil Corporation Limited – Section 11(5), 11(6) & 11(8) Arbitration Petition: Only General Manager-Notified Claims Are Arbitrable; Restrictive Three-Member Arbitrator Panel Invalid
Facts of the
CaseL&T Hydrocarbon Engineering Limited, a wholly
owned subsidiary of Larsen & Toubro Limited, approached the Delhi High
Court under Sections 11(5), 11(6) and 11(8) of the Arbitration and Concilia...
Commissioner of Central GST and Central Excise J&K, Jammu vs Dabur India Limited: High Court Dismisses Central Excise Appeal as Squarely Covered by M/s Narbada Industries Case (CEA No. 10/2020) and Connected Appeals under Section 35G of the Central Excise Act, 1944
Facts of the
CaseThe Commissioner of Central GST and Central Excise,
J&K, Jammu filed Central Excise Appeal No. 251/2022, along with CM Nos.
5362/2022 and 5363/2022, before the High Court of Jammu & Kashmir an...
TPC Infra and Green Energies vs Principal Secretary, Commissioner of Commercial Taxes & Others: GST Liability on Pre-GST Government Works Contracts to Be Borne by Contracting Department; Contract Must Be Reworked Under G.O.Ms.No.296
Facts of the
CaseThe petitioner, TPC Infra and Green Energies,
represented by its Managing Partner, had undertaken works awarded by the fourth
respondent, the Divisional Engineer (Highways), Highways C and M Division,...
Bishnu Dev Oram vs The Superintendent Regali-I Range (Sambalpur-I Division) & Another – GST Registration Cancellation: Orissa High Court Permits Filing of Pending Returns and Revocation Application with Condonation of Delay
Facts of the
CaseThe petitioner, Bishnu Dev Oram, approached the
High Court of Orissa in W.P.(C) No. 1160 of 2022 against the Superintendent
Regali-I Range, Sambalpur-I Division and another authority. The dispute
con...
R. R. Traders & Anr. vs Commercial Tax Officer (Enforcement)-03, Hosapete – Karnataka High Court: GST Detention Under Section 129(1) Becomes Infructuous After Release of Goods and Vehicle
Facts of the
CaseR. R. Traders and G. K. Talha Traders filed a writ
petition before the High Court of Karnataka, Dharwad Bench, challenging the
detention order dated 10 November 2022 passed by the Commercial Tax Offic...