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Allahabad High Court Quashes Section 74 GST Demand Order for Denial of Mandatory Personal Hearing Under Section 75(4), Following Bharat Mint and Mohini Traders: M/S Gaurav Enterprizes versus State of U.P. in Writ Tax No. 1181 of 2023
Facts of the CaseThe petitioner, M/S Gaurav Enterprizes, was aggrieved by an order dated 4 February 2023 raising a GST liability under Section 74 of the Goods and Services Tax Act. The order impugned had been passed purs...
Rs.1.72 Crore GST Demand on Red Oxide Powder Set Aside: Madras High Court Remands Section 74 Classification Dispute in M/s.Agsar Match Industries v. Assistant Commissioner of CGST & Central Excise (WP(MD)No.28856 of 2023) for Fresh Consideration
Facts of the Case
The petitioner, M/s. Agsar Match Industries, a manufacturer of Red Oxide Powder and other Colour Oxide Powders registered under the Central Goods and Services Tax Act, 2017 and the Tamil Nadu Goods and...
Kerala High Court Permits Truck Owner to Seek Release of GST-Confiscated Goods Vehicle on Furnishing Bond and Sureties: Biju V.T. versus Senior Enforcement Officer, Kerala State GST Department in WP(C) No. 37521 of 2023 Decided on 16 November 2023
Facts of the CaseThe petitioner, Biju V.T., aged 51 years and a resident of Kottayam District, Kerala, was the owner of a goods carriage vehicle bearing registration No. KL55Z3669. The vehicle was intercepted and, by ord...
E-Way Bill Penalty Quashed for Unenforceable Period: Allahabad High Court Sets Aside GST Penalty Order Against Godrej Consumer Product Ltd. in M/S Godrej Consumer Product Ltd. v. State of U.P. (WRIT TAX No. 963 of 2019), Directs Refund of Deposited Amount
Facts of the Case
The petitioner, M/S Godrej Consumer Product Ltd., approached the High Court of Judicature at Allahabad under Article 226 challenging an order dated 25.04.2019 passed by the second respondent under the ...
Ex-Parte GST Order Quashed on Rs. 10 Lakh Deposit Condition: Karnataka High Court Restores Section 78 Assessment Proceedings for Fresh Consideration in Akanksha Enterprises Private Limited v. Deputy Commissioner of Commercial Taxes (WP No. 27216 of 2023)
Facts of the Case
The Petitioner, Akanksha Enterprises Private Limited, Bengaluru, challenged an ex-parte assessment order in Form GST DRC-07, dated 19.10.2023, passed under Section 78 of the Karnataka Goods and Service...
No Signature, No Order: Andhra Pradesh High Court Sets Aside an Unsigned GST Assessment Cum Penalty Cum Interest Order While Permitting Fresh Proceedings in Shyam Ferrous Limited v. Deputy Commissioner of State Tax and Others (W.P. No. 33272 of 2023)
Facts of the Case
The Petitioner, M/s. Shyam Ferrous Limited, challenged an Assessment cum Penalty cum Interest Order bearing DIN No. 3721102331601, dated 21.10.2023, passed by the Deputy Commissioner of State Tax under...
Allahabad High Court Lucknow Bench Permits Government Works Contractor to Seek Payment of GST Component Through Fresh Representation to PWD and Rural Engineering Department: M/S Parul Dixit versus State of U.P. in Writ Tax No. 210 of 2023
Facts of the CaseThe petitioner, M/S Parul Dixit, a proprietorship, had executed works contracts for the Rural Engineering Department (RED) and Public Works Department (PWD), Hardoi, U.P., under agreements entered into p...
Amnesty Applies: Allahabad High Court Grants Liberty to File a Belated GST Appeal Under Section 107 by Invoking CBIC's Amnesty Notification No. 53/2023-Central Tax in Gupta Training Company v. State of U.P. and Two Others (Writ Tax No. 264 of 2023)
Facts of the Case
The Petitioner, M/s Gupta Training Company, Naveen Galla Mandi, Tihar, Shahjahanpur, filed a writ petition before the Allahabad High Court concerning its inability to file a statutory appeal within the...
Chhattisgarh High Court Directs Water Resources Department to Decide Civil Contractor's Pending Representation for Refund of Additional GST Burden Within Sixty Days: A.P. Nirman Limited versus State of Chhattisgarh in WPT No. 245 of 2023
Facts of the CaseThe petitioner, A.P. Nirman Limited, a company engaged as a civil contractor, had entered into an agreement with the Water Resources Department, Government of Chhattisgarh, for execution of civil works. ...
GST Registration Cancellation for Non-Filing of Returns: Andhra Pradesh High Court Grants Liberty to Seek Restoration Within a Week in Sambasiva Rao Thokala v. Superintendent of Central Tax, Tenali GST Range (WRIT PETITION NO: 24982 OF 2023)
Facts of the Case
The petitioner, Sambasiva Rao Thokala, proprietor of a business, filed a writ petition before the High Court of Andhra Pradesh at Amaravati challenging an order dated 26.04.2023 passed by the Superinte...