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Reasons Are the Live-Nerve of the Order: Andhra Pradesh High Court Sets Aside Provisional Bank Attachment Under Section 83 GST Act for Non-Recording of Reasons Despite Rs.21.58 Crore Fake-ITC Assessment, Arhaan Ferrous vs Senior Intelligence Officer (WP No.12360/2022)
Facts of the Case
The petitioner, M/s. Arhaan Ferrous And Non Ferrous Solutions Pvt Ltd, represented by its Director, is engaged in the iron-scrap business and challenged before the Andhra Pradesh High Court the provisi...
Time-Bound Adjudication Ordered, Cancellation Left Undisturbed: Kerala High Court Directs GST Authorities to Decide Show Cause Notice Within Two Months in DGGI Fake-ITC Probe, M/S. Golden Timber Industries & Ors vs Additional Director, DGGI & Ors (WP(C) No.32843 of 2023)
Facts of the Case
Four petitioners — M/S. Golden Timber Industries, M/S Sree Ayyappa Traders, M/S. Royal Wood Industries and M/S Hindusthan Wood Products, represented by their respective proprietors/proprietresses —...
Allahabad High Court Quashes Non-Speaking Show-Cause Notice and Orders Fresh, Reasoned GST Registration Cancellation Proceedings Within a Month in Hindustan Paper Machinery Industries vs Commissioner CGST and 2 Others (Writ Tax No. 1047 of 2023)
Facts of the Case
Hindustan Paper Machinery Industries (GSTIN: 09AADFH4751N1ZZ), registered under the Central Goods and Services Tax Act, 2017, challenged the order dated 09.08.2023 passed by the Superintendent, CGST Ra...
Delay in Seeking Revocation Condoned: Orissa High Court Allows M/s. Shreekhetra Industries Limited to Invoke the Proviso to Rule 23 of the Odisha GST Rules for Revocation of Cancellation of Its GST Registration, Subject to Clearing All Outstanding Taxes, Interest, Late Fee and Penalty (W.P.(C) No.40400 of 2023)
Facts of the CaseM/s. Shreekhetra Industries Limited, Bhubaneswar, filed a writ petition before the High Court of Orissa at Cuttack against the CT & GST Officer, Bhubaneswar-III Circle, and another opposite party, seekin...
Batch Disposal Applied: Orissa High Court Disposes of M/s. Shankar Kumar Bisoi's Writ Petition Against the CT and GST Officer, Koraput, by Adopting the Common Order Dated 06.11.2023 Passed in W.P.(C) No.6684 of 2023 and Batch, Pravat Kumar Choudhury v. Additional State Tax Officer, CT & GST (W.P.(C) No.3555 of 2023)
Facts of the CaseThis writ petition was filed by M/s. Shankar Kumar Bisoi of Koraput, Odisha, against the CT and GST Officer, Koraput, and other opposite parties, invoking the writ jurisdiction of the Orissa High Court u...
Kerala High Court Sets Aside a GST Assessment Order Against Vadakkoot Chackoo Devassy of Sadhu Hardware for Violation of Natural Justice, Remands the Matter Since Notices Were Uploaded to the GST Portal After His Registration Stood Cancelled (WP(C) No.42265 of 2023)
Facts of the CaseVadakkoot Chackoo Devassy, aged 79, proprietor of Sadhu Hardware, Pavaratty, Thrissur District, filed WP(C) No.42265 of 2023 before the Kerala High Court against the Assistant State Tax Officer, Thrissur...
E-Way Bill Requirement Held Unenforceable For February-March 2018: Allahabad High Court Quashes Penalty Imposed Against M/S Sunil Traders, Following Godrej And Boyce And Varun Beverages Precedents, And Orders Refund (Writ Tax No. 678 of 2023)
Facts of the Case
The petitioner, M/S Sunil Traders, represented by Mr. Nishant Mishra and Ms. Vedika Nath, filed Writ Tax No. 678 of 2023 before the High Court of Judicature at Allahabad against the State of U.P. and 2...
No Intent to Evade Tax, Mere Technical Expiry of an E-Way Bill Cannot Attract Section 129 Penalty: Jharkhand High Court Quashes the Demand and Appellate Orders and Permits Refund in M/s. Nezone Tubes Limited vs Union of India and Others (W.P.(T) No.4370 of 2022)
Facts of the Case
The petitioner, M/s. Nezone Tubes Limited, a Kolkata-based manufacturer of electric welded steel tubes, dispatched 20.010 MT of MSPB RHS/SHS to M/s. Bhalotia Auto Products Private Limited, Purba Singhb...
Orissa High Court Disposes GST Writ Petition Filed by Tushar Kanta Nayak Against the Commissioner of Sales Tax, CT and GST, Odisha, Directing That the Matter Be Governed by the Common Order Passed on 6 November 2023 in the Batch Led by Pravat Kumar Choudhury vs Additional State Tax Officer, CT and GST (W.P.(C) No.8233 of 2023)
Facts of the Case
The petitioner, M/s. Tushar Kanta Nayak, filed this writ petition before the High Court of Orissa at Cuttack against the Commissioner of Sales Tax, CT & GST, Odisha and other Opposite Parties. The ...
Writ Appeal Dismissed but Independent Hearing Assured: Kerala High Court Directs Appellate Authority Not to Rely Solely on Inimical Landlord's Statement in GST Registration Cancellation, M/S. Steel India vs The State Tax Officer & Anr (WA No.1859 of 2023)
Facts of the Case
M/S. Steel India, represented by its managing partner, carried an intra-court writ appeal before a Division Bench of the Kerala High Court against dismissal of its writ petition (WP(C) No.29033/2023) b...