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Recovery Notices Against Wrong Entity Quashed: Karnataka High Court Sets Aside DRC-13 Notices and Section 73 Orders for Failure to Examine Legal-Heir Liability in BKR Services Private Limited & Ors v. State of Karnataka and Others (WP No. 21878 of 2026 (T-RES))
Facts of the Case
The first petitioner, BKR Services Private Limited, is a company represented by its Head-Finance and Management Operations; the second and third petitioners are the son and widow, respectively, of late...
Belated GST Appeal Permitted: Allahabad High Court Grants Liberty to Avail Benefit of CBIC Notification No. 53/2023 for Filing Belated Appeal in M/S Gupta Trading Company v. State of U.P. and 2 Others (Writ Tax No. 266 of 2023)
Facts of the Case
The petitioner, M/S Gupta Trading Company, filed a writ petition before the Allahabad High Court raising a narrow question of law: whether CBIC Notification No. 53/2023-Central Tax dated 2.11.2023 — ...
Karnataka High Court Directs Appellate Authority To Decide Pending GST Refund Appeal Within Six Weeks Without Confirming Rejection Merely Because Section 74 Show Cause Proceedings Are Pending In Gland Chemicals Pvt. Ltd. vs Principal Additional Director General, DGGI And Others (WP No. 24577 of 2023 (T-RES))
Facts of the CaseThe petitioner, Gland Chemicals Pvt. Ltd., a company incorporated under the Companies Act, 1956, represented by its Manager C. Dayakar, with office at Malur, Kolar and registered office at Hyderabad, was...
Pre-Deposit Waived on Recovered Amount: Orissa High Court Permits Statutory GST Appeal Without Insisting on Pre-Deposit Where Tax Already Recovered in M/s. Mukteswar Transport vs. Commissioner of CT and GST, Odisha and Others (W.P.(C) No. 30725 of 2023)
Facts of the Case
The petitioner, M/s. Mukteswar Transport, challenged a GST assessment order before the Orissa High Court at Cuttack. It was submitted that the disputed amount had already been recovered from the petiti...
GST Registration Restored on Compassionate Grounds: Allahabad High Court Directs Revival of Cancelled Registration in Instalments in M/S Ennkay Timbers and Another vs. State of U.P. and 2 Others (Writ Tax No. 1208 of 2022)
Facts of the Case
Petitioner no.1, M/s Ennkay Timbers, a timber trading firm, is run by its sole proprietor, petitioner no.2, holding GSTIN 09BZAPK7818J1Z0. Petitioner no.2 could not file GST returns for six consecutive...
Section 74 Demand Quashed for Denial of Hearing: Allahabad High Court's Lucknow Bench Sets Aside GST Demand and Appellate Rejection in M/S Sumit Enterprises v. State of U.P. and 2 Others (Writ Tax No. 167 of 2023)
Facts of the Case
The petitioner, M/S Sumit Enterprises, Badel Nawabganj, Barabanki, through its proprietor Atul Kumar, challenged the order dated 29.3.2023 dismissing its appeal as time-barred, and the underlying order...
Ex-Parte GST Demand Quashed: Bombay High Court Holds Inadvertent 'No' Tick-Mark Cannot Defeat Express Request for Personal Hearing Under Section 75(4) in Kuehne Nagel Private Limited vs. State of Maharashtra and Others (Writ Petition No.15210 of 2023)
Facts of the Case
The petitioner, Kuehne Nagel Private Limited, is engaged in freight forwarding, clearance, logistics and warehousing, with its registered office in New Delhi and a branch office in Mumbai. On 5.1.2021 ...
GST Interest Demand Set Aside: Telangana High Court Quashes Speaking Order Passed by Officer Without Authority After Suo Motu GST Migration Dispute in Bhumana Ramachandra Reddy vs. Union of India and Others (Writ Petition No. 7730 of 2023)
Facts of the Case
The petitioner, sole proprietor of M/s. R.C. Reddy IAS Study Circle, Hyderabad, was earlier registered under Service Tax and was required to migrate to GST from 1.7.2017 under Rule 24 of the Central Go...
Bank Guarantee Demand Quashed: Rajasthan High Court Rules Solvent Security Cannot Be Equated With Bank Guarantee While Allowing GST Refund in M/s. Raj Kamal Cargo Movers vs. Assistant Commissioner, State Tax Department, Enforcement Wing and Another (D.B. Civil Writ Petition No. 5744/2023)
Facts of the Case
The petitioner, M/s. Raj Kamal Cargo Movers, Jaipur, a proprietorship of Mr. Raj Kumar Gurjar, was subjected to demand orders dated 30.3.2021 and 28.5.2021 by the Assistant Commissioner, State Taxes, E...
Karnataka High Court Disposes of Section 16(4) CGST Act Challenge Without Deciding Merits in Shri Mallanagouda vs Assistant Commissioner of Central Tax GST Bijapura (WP No. 104619 of 2022), Grants Liberty to Pursue Statutory Appeal
Facts of the Case
The petitioner, Shri Mallanagouda, a civil contractor from Kajibilagi, Bagalkot District, Karnataka, holding GSTIN 29BX0PP9342L1ZG, filed a writ petition under Articles 226 and 227 of the Constitution ...