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Field-Visit Finding Upheld as Question of Fact: Andhra Pradesh High Court Dismisses Challenge to GST Registration Cancellation and Relegates Petitioner to Statutory Appeal (Writ Petition No.28853 of 2023)
Facts of the Case
The petitioner filed a writ petition under Article 226 before the High Court of Andhra Pradesh challenging (i) the fourth respondent's order dated 07.07.2023 (Ref. No. ZA3707230111770) cancelling the p...
GST Rate Dispute on Malting Job-Work Resolved by CBIC Clarification: Karnataka High Court Disposes of United Breweries Limited vs. Union of India (Writ Petition No.20741 of 2023)
Facts of the Case
The petitioner, M/s United Breweries Limited, a company incorporated under the Companies Act, 1956, represented by its authorised signatory, approached the High Court of Karnataka at Bengaluru under Ar...
GST Applies to University Affiliation and Inspection Fees, Not Exempt as Educational Services: Telangana High Court Dismisses Nursing Colleges' Challenge in Care College of Nursing vs. Kaloji Narayana Rao University of Health Sciences (W.P.No.34617 of 2022 and Batch)
Facts of the Case
This batch of 35 connected writ petitions (lead matter W.P.No.34617 of 2022, along with 34 companion petitions filed in 2023) was filed before the High Court for the State of Telangana at Hyderabad by ...
GST Registration Cancellation Quashed for Non-Application of Mind: Karnataka High Court Restores Registration on Terms in Kalasaiah Annappa vs. Commissioner of Commercial Taxes (Writ Petition No.26931 of 2023)
Facts of the Case
The petitioner, Kalasaiah Annappa, a proprietorship concern based at Sri Siddalingeshwara Temple Road, Yadiyur, Tumkur, Karnataka, holding GSTIN 29APEPA0844H1Z6, filed this writ petition under Articles...
Flavoured Milk Taxable at 5% Under HSN 0402 9990: Andhra Pradesh High Court Allows Batch of Writ Petitions and Sets Aside Contrary GST Assessment Orders Against Srichakra Milk Products LLP and Sangam Milk Producer Company, Directing Fresh Assessment Under Tariff Heading 402 (W.P.Nos.10296 of 2023 and Batch)
Facts of the Case
Five connected writ petitions were disposed of by a common order of the High Court of Andhra Pradesh at Amaravati: W.P.Nos. 10296 of 2023, 20807 of 2020, 2453 of 2022, 10294 of 2023 and 10324 of 2023. ...
Andhra Pradesh High Court Modifies Disproportionate GST Garnishee Order, Sets Aside Recovery Action Against Three of Four Contractors, Directs Equitable Adjudication Within the GST Act — Writ Petition No. 31777 of 2023 (Sub-Contractor) vs Commercial Tax Department
Facts of the Case
This writ petition, Writ Petition No. 31777 of 2023, was filed by a sub-contractor aggrieved by a garnishee order issued by the Commercial Tax Department against amounts due to him from four government...
Prolonged Custody Outweighs Unresolved Jurisdictional Question: Punjab and Haryana High Court Grants Regular Bail to Amit Kaushik in Alleged Fake GST Registration and Bogus Input Tax Credit Fraud Case Registered Under the IPC and HGST Act, Leaving Maintainability of the FIR for the Trial Court to Decide (CRM-M-47866-2023)
Facts of the Case
The petitioner, Amit Kaushik, approached the High Court of Punjab and Haryana under Section 439 Cr.P.C. seeking regular bail in FIR No. 405 dated 24.10.2020, registered at Police Station Faridabad Cent...
Following the Batch Order: Orissa High Court Applies Amnesty Notification 53/2023 to Set Aside Time-Barred GST Appeal Rejection in M/s Debnar Corpsol Pvt. Ltd. vs. Commissioner of Commercial Taxes & GST, Odisha (W.P.(C) No.34751 of 2023)
Facts of the Case
The petitioner, M/s Debnar Corpsol Pvt. Ltd., filed this writ petition before the High Court of Orissa at Cuttack against the Commissioner of Commercial Taxes & GST, Odisha and others, represented ...
Gauhati High Court Quashes Circular Restricting the GST-Era Budgetary Support Scheme to Central-Excise-Paying NEIIPP Units, Holds Exclusion Arbitrary Under Article 14, and Directs Fresh Examination of Petitioners' Eligibility — Shree Balaji Enterprise & Batch of North-East Industrial Units vs Union of India and Others (W.P.(C) No. 2664 of 2019)
Facts of the Case
This batch of writ petitions, led by W.P.(C) No. 2664 of 2019 (Shree Balaji Enterprise vs. Union of India & Others), was filed by Assam industrial units set up under the North East Industrial and I...
Time-Barred GST Appeals Get a Second Chance: Orissa High Court Sets Aside Rejection Orders and Remands Batch of Writ Petitions Applying CBIC Amnesty Notification No.53/2023-Central Tax in M/s Pravat Kumar Choudhury and Others vs. Additional State Tax Officer, CT & GST, Cuttack (W.P.(C) No.6684 of 2023 and Batch)
Facts of the Case
This common order of the High Court of Orissa at Cuttack disposed of a batch of over two hundred and forty writ petitions, headed by M/s Pravat Kumar Choudhury and others v. Additional State Tax Office...