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Allahabad High Court Grants Anticipatory Bail on Parity Grounds in Rs.6.18 Crore CGST Evasion Summons Case, Citing Bail Already Granted to Co-Accused Partner — Dishu Jain vs Union of India (Criminal Misc Anticipatory Bail Application U/S 438 Cr.P.C. No.2819 of 2022)
Facts of the Case
The applicant, Dishu Jain, moved this anticipatory bail application under Section 438 Cr.P.C. against a summoning order dated 02.11.2021 issued by the Superintendent, Central GST Commissionerate, Meeru...
ITC Restoration Directed: Gujarat High Court Holds Erroneously Refunded IGST Repaid With Interest Must Result in Re-Credit of Corresponding Input Tax Credit, Rejects Reliance on Rule 96(10) of the CGST Rules as Misconceived — I-Tech Plast India Pvt Ltd vs State of Gujarat (R/Special Civil Application No.3653 of 2021)
Facts of the Case
The petitioner, I-Tech Plast India Pvt. Ltd., a company manufacturing toys and registered under the Goods and Services Tax Act, 2017, held an advance license permitting duty-free import of raw material...
Andhra Pradesh High Court Sets Aside DRC-07 Demand Over Disputed Personal Hearing and Ocean Freight Tax Already Stayed, Remands for Fresh Adjudication — Oil Packaging Company vs Assistant Commissioner (Commercial Taxes) (Writ Petition No.8100 of 2022)
Facts of the Case
The petitioner, a Private Limited Company registered under the Companies Act, 2013, with sister concerns Santhoshimatha Oil Packaging Industries, Kakinada, and Santhoshimatha Oils and Fats Private Limi...
Refund Rejection Quashed for Non-Speaking Order and No Hearing: Gujarat High Court Remands Export-Tax Refund Claim Wrongly Processed Under the No-Payment Route, Directs Fresh Adjudication Within Four Weeks Without Limitation Bar — Exxat Systems Pvt Ltd vs State of Gujarat (R/Special Civil Application No.6146 of 2022)
Facts of the Case
The petitioner, Exxat Systems Pvt. Ltd., a private limited company providing information technology consulting and support services and registered under the Central/Gujarat Goods and Services Tax Act, ...
Gujarat High Court Quashes Vague GST Registration Cancellation Order and Subsequent Revocation-Rejection Order, Restores Registration Forthwith, and Warns Tax Officer Against Repeating Non-Speaking Orders — Vahanvati Steels vs State of Gujarat (R/Special Civil Application No.7115 of 2022)
Facts of the Case
The writ-applicant, Vahanvati Steels, through its proprietor, challenged an order dated 29.03.2022 by the State Tax Officer, Ghatak-1, Ahmedabad, cancelling its Goods and Services Tax registration. Thi...
GST Registration Cancellation Set Aside: Delhi High Court Holds Appeal Wrongly Dismissed on Limitation in View of Supreme Court's COVID Extension Order, Quashes Deficient Show Cause Notice and Cancellation Order, Directs Restoration of Registration Within 10 Days — FADA Trading Private Limited vs Commissioner Goods and Service Tax (W.P.(C) 1212/2022)
Facts of the Case
The petitioner, FADA Trading Private Limited, challenged the order dated 26.10.2021 passed by the Appellate Authority (Delhi GST)/Special Commissioner-II, Department of Trade and Taxes, dismissing its ...
Second Round of Litigation: Gujarat High Court Quashes GST Registration Cancellation Order Passed a Day Before Its Own Order Quashing the Underlying Show-Cause Notice, Restores Registration in Shree Dakornath Scrap Traders vs State of Gujarat (R/Special Civil Application No. 7337 of 2022)
Facts of the Case
This was the second round of litigation for the petitioner, Shree Dakornath Scrap Traders. In the first round, Special Civil Application No.5984 of 2022, the petitioner had challenged a show-cause noti...
Vague Show-Cause Notice Cannot Sustain Retrospective Cancellation of GST Registration: Gujarat High Court Quashes SCN and Cancellation Order, Restores Registration in Manmish Traders Private Limited vs State of Gujarat (R/Special Civil Application No. 6721 of 2022)
Facts of the Case
The petitioner, Manmish Traders Private Limited (GSTIN 24AAGCM6660D2ZL), was issued a show-cause notice dated 07.12.2021 in Form GST REG-17/31 by the Commercial Tax Officer, Ghatak 25 (Kalol), Range-7,...
Gujarat High Court Declines to Entertain Writ Against GST DRC-07 Order Citing Statutory Appeal Under Section 107, Directs Time-Bound Disposal in M/S Kapson Iron And Steel LLP vs State of Gujarat (R/Special Civil Application No. 6737 of 2022)
Facts of the Case
The writ-applicant, M/S Kapson Iron And Steel LLP, challenged an order passed by the Proper Officer in Form GST DRC-07 dated 29.12.2021, raising a grievance, among others, that it was not granted an op...
Transitional Credit Cannot Be Denied for Inability to File TRAN-1 After a Fire Accident: Madurai Bench of Madras High Court Directs Verification and Restoration of Input Tax Credit in M/s Vetrivel Explosives Pvt Ltd vs Union of India (W.P.(MD) No.8250 of 2021)
Facts of the Case
The petitioner, M/s.Vetrivel Explosives Pvt. Ltd., manufactures explosives. A fire accident on 1.12.2016 caused fatal injuries to workers, and the factory remained closed for about two years amid litig...