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Recovery Upheld: Jammu & Kashmir and Ladakh High Court Holds Special Tehsildar Recoveries Competent to Enforce Section 79 GST Act Dues as Land Revenue, Dismisses Challenge to Non-Bailable Warrant in Sheikh Mohammad Yaqoob vs Union Territory of Jammu & Kashmir and Others (WP(C) No. 2785 of 2023)
Facts of the CaseSheikh Mohammad Yaqoob, a Government contractor stated to be paying GST on completion of Government contracts, filed a writ petition before the High Court of Jammu & Kashmir and Ladakh at Srinagar ag...
Chhattisgarh High Court Directs Water Resources Department to Decide Civil Contractor's Representation for Refund of Additional GST Burden — A.P. Nirman Limited vs State of Chhattisgarh (WPT No. 248 of 2023)
Facts of the Case
The petitioner, A.P. Nirman Limited, a civil contractor, had entered into an agreement with the Water Resources Department, Government of Chhattisgarh, to execute civil works, undertaking under the a...
Dismissed as Not Pressed: Kerala High Court Closes Challenge to GST Notice for FY 2017-18 Without Adjudication on Merits in Vyshak P.G. vs State Tax Officer, 2nd Circle, State GST Department, Tripunithura (WP(C) No. 25379 of 2020)
Facts of the CaseVyshak P.G., proprietor of M/s. Voila Hospitality Services, Kadavanthra, Ernakulam, had filed a writ petition before the High Court of Kerala at Ernakulam back in 2020 challenging a notice issued by the ...
Kerala High Court Permits Withdrawal of Bail Application Connected to GST Seizure and Summons, With Liberty to Refile — Aboobaker Parengal vs State of Kerala (Bail Appl. No. 1094 of 2022)
Facts of the Case
The petitioner/accused filed Bail Application No. 1094 of 2022 before the Kerala High Court in connection with proceedings arising out of a seizure order dated 30.01.2022 and summons dated 30.01.2022...
Constitutional Challenge Not Pressed: Karnataka High Court (Dharwad Bench) Disposes of Section 16(4) CGST/SGST Act Writ With Liberty to Avail Statutory Remedy in Shri. Basagoud vs Assistant Commissioner of Commercial Taxes (Audit), Jamkhandi (WRIT PETITION No. 104164 of 2022 (T-RES))
Facts of the CaseShri. Basagoud, a contractor holding GSTIN 29BGWPP4868E1ZI, filed a writ petition before the High Court of Karnataka, Dharwad Bench, challenging the constitutional validity of Section 16(4) of the CGST/S...
Allahabad High Court Quashes Search and Seizure Under Section 67(1) UP GST Act for Authorization Issued Before Reasons Were Recorded — M/S. Gaurav Saurav Traders and Contractors vs State of U.P. (Writ Tax No. 1378 of 2022)
Facts of the Case
The petitioner, M/S. Gaurav Saurav Traders And Contractors, challenged a search and seizure carried out at its business premises on 02.09.2022 by the GST authorities of the State of U.P. The petition...
Allahabad High Court Quashes Section 74 GST Demand for Denial of Personal Hearing Under Section 75(4); Remands M/S Panther Security Guard Services' Case for Fresh Adjudication (Writ Tax No. 194 of 2023)
Facts of the CaseThe petitioner, M/S Panther Security Guard Services, through its proprietor Chandra Shekhar Singh, approached the Allahabad High Court (Lucknow Bench) challenging an order dated 03.11.2022 confirming a t...
Disposed Per Common Batch Order: Orissa High Court Disposes of CTGST Appeal Writ in Terms of the Pravat Kumar Choudhury Batch Order in M/s. Banabasi Panda vs Joint Commissioner (Appeal), CTGST, Cuttack (W.P.(C) No. 3235 of 2023)
Facts of the CaseM/s. Banabasi Panda, of Paradeep, filed W.P.(C) No. 3235 of 2023 before the High Court of Orissa at Cuttack against the Joint Commissioner (Appeal), CTGST, Cuttack and others, in a dispute arising under ...
Kerala High Court Directs GST Officer to Treat Representation as Rectification Application for GSTR-3B Error Claiming IGST Instead of SGST/CGST Credit — Chukkath Krishnan Praveen vs State of Kerala (WP(C) No. 41219 of 2023)
Facts of the Case
The petitioner, proprietor of Hi Range Irrigations, Thrissur, is a registered dealer earlier under the KVAT Act and now under the CGST/SGST Act, 2017. He committed an inadvertent error while filing F...
Bail Denied: Madurai Bench of Madras High Court Refuses Bail Over Rs. 120 Crore Fake-Invoicing and Fraudulent ITC Under Section 132(1)(b)&(c) CGST Act in Ishithore vs Senior Intelligence Officer, Directorate General of GST Intelligence, Trichy District (CRL OP(MD) No. 19733 of 2023)
Facts of the CaseThe petitioner, Ishithore, a Chartered Accountant and partner in M/s. John Moris & Co., Tirupur Branch, was arrested on 29.06.2023 and remanded to judicial custody for offences punishable under Secti...