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Allahabad High Court Quashes GST Goods Seizure and Section 129(3) Penalty in M/S Kumar Brothers vs Additional Commissioner Grade-2 (Appeal), Commercial Tax, Basti (WRIT TAX No. 1424 of 2022), Holding Valid and Functional GST Registration of Purchasing Dealer Defeats Penalty
Facts of the Case
The petitioner, M/S Kumar Brothers, a proprietorship firm registered under the Assam Goods and Services Tax Act (GSTIN 18AEKPM5808E1ZE), sold goods to M/s Shlok Brothers, Delhi, under e-way bill no. 88...
Uttarakhand High Court Disposes of Writ Challenging Cancellation of GST Registration for Non-Filing of Returns, Applying the Precedent in Chandan Singh vs Superintendent, Central GST, Nainital in WPMS No. 3031 of 2023, Directs Deposit of Dues and Penalty
Facts of the Case
The petitioner in this matter (named neither in the order nor in the caption beyond the case number) challenged an order dated 07.03.2022 cancelling the petitioner's GST registration for non-filing of ...
Allahabad High Court Sets Aside Appellate Order Dismissing GST Appeal as Time-Barred, Applies Supreme Court's COVID-19 Limitation Extension, Remands for Decision on Merits in M/S Ankit Motors vs State of U.P. (Writ Tax No. 1343 of 2022)
Facts of the Case
The petitioner, M/S Ankit Motors, challenged an order dated 25.08.2022 by which its appeal against an original order dated 27.10.2021 was dismissed by the Appellate Authority as barred by limitation un...
Kerala High Court Quashes GST Show Cause Notice Issued Under Notification No. 10/2017-Integrated Tax (Rate), Applying Supreme Court's Mohit Minerals Ruling on Ocean Freight IGST in M/S. K.V.N. Impex P Ltd vs Joint Director, Directorate General of GST Intelligence (WP(C) No. 5861 of 2021)
Facts of the Case
The petitioner, M/s K.V.N. Impex P Ltd, Calicut, represented by its Director M.K. Rajesh, filed this writ petition under Article 226 of the Constitution of India before the Kerala High Court challengin...
Kerala High Court Dismisses Writ Petition, Upholds Blocking of Rs. 16 Lakh Input Tax Credit Traced to Fake Invoices and Non-Existent Supplier Address in Shine Abraham (M/S. Evershine Agro Spices) vs State Tax Officer (WP(C) No. 25633 of 2023)
Facts of the Case
The petitioner, Shine Abraham, proprietor of M/s. Evershine Agro Spices, Angamaly, Ernakulam, filed this writ petition before the Kerala High Court seeking to quash a communication (Ext.P-3) by which t...
Karnataka High Court Quashes BBMP Order on Differential VAT-GST Tax Calculation for Works Contractor, Remits Matter for Fresh Consideration Per Coordinate Bench Guidelines in Tam Tam Venkataramana Reddy vs Commissioner, BBMP and Another (WP No. 20350 of 2023)
Facts of the Case
The petitioner, Sri Tam Tam Venkataramana Reddy, a works contractor, approached the Karnataka High Court at Bengaluru challenging an order dated 21.01.2023 (Misc No. PSR.(4) 6767/2022-23) passed by the...
Karnataka High Court (Dharwad Bench) Disposes of Writ Petition on Section 16(4) CGST/SGST Act ITC Time-Limit After Petitioner Withdraws Constitutional Challenge, Grants Liberty to Pursue Statutory Remedy in Rahul Agro Industries vs Assistant Commissioner of Commercial Taxes (WP No. 102552 of 2023)
Facts of the Case
The petitioner, M/s Rahul Agro Industries, a partnership represented by its partner Rahul M. Jadhav, holding GSTIN 29AANFR3244C1Z6 and based at Jamkhandi, filed this writ petition before the Karnataka ...
Karnataka High Court (Dharwad Bench) Allows Writ Petition, Directs State to Reimburse GST Amount Paid by Civil Contractor on Post-GST Works Contract Under Section 13 CGST Act in Shri Honnappa Ramayya Naik vs State of Karnataka (WP No. 106345 of 2023)
Facts of the Case
The petitioner, Shri Honnappa Ramayya Naik, a registered Class-I Civil Contractor, was the successful bidder for a works contract awarded by the Executive Engineer, Project Division, Shikaripura (respo...
Gauhati High Court Directs Restoration Route for GST Registration Cancelled Under Section 29(2)(c) for Non-Filing of Returns, Subject to Compliance With Rule 22(4) CGST Rules, in Sanjoy Nath vs Union of India and 2 Others (WP(C)/6366/2023)
Facts of the Case
The petitioner, Sanjoy Nath, sole proprietor of a firm in his own name, was registered as a dealer under the Central Goods and Services Tax Act, 2017, and was issued a registration certificate in Form ...
Calcutta High Court Dismisses Writ Petition Filed In-Person by the Petitioner Against the Directorate General of GST Intelligence, Finding No Merit, in Kanishk Sinha vs Directorate General of GST Intelligence and Another (WPA 27954 of 2023)
Facts of the Case
The petitioner, Kanishk Sinha, appeared in person before the Calcutta High Court in WPA 27954 of 2023, filed against the Directorate General of GST Intelligence and another respondent. The matter was l...