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Patna High Court Quashes Ex Parte GST Demand Notice, DRC-07 Order and Bank Account Freezing Order for Breach of Natural Justice, Remands Subject to 20% Deposit — Pradeep Kumar Singh vs State of Bihar & Ors. (Civil Writ Jurisdiction Case No.4808 of 2022)
Facts of the Case
The petitioner, Pradeep Kumar Singh, resident of Bajitpur, Triveniganj, District Supaul, Bihar, challenged before the Patna High Court a demand notice dated 19.01.2020/19.01.2021 issued by the Deputy C...
Telangana High Court Grants Conditional Interim Release of Vehicle and JCB Excavator Detained Under Form GST MOV-06, Leaves Penalty Notice on Merits Open — Harish Ganapathi JS vs Deputy State Tax Officer (Writ Petition No. 18343 of 2022)
Facts of the Case
The petitioner, Harish Ganapathi JS, sole proprietor of M/s. S M Drilling and Mining Services, Salem District, Tamil Nadu, challenged the detention of his vehicle bearing registration No. TN 28 FB 1614...
Telangana High Court Quashes Garnishee Notices in Form GST DRC-13 Issued Without Any Prior Order Under Sections 73/74 CGST Act, Holds Recovery Proceedings Without Jurisdiction — A.K Iron Traders vs Assistant Commissioner (ST) & Ors. (Writ Petition No. 18794 of 2022)
Facts of the Case
The petitioner, M/s A.K Iron Traders, a proprietorship represented by its proprietor Mr. Aziz Khan and carrying on business at Kishan Bagh, Hyderabad, challenged garnishee proceedings initiated by the ...
Calcutta High Court Disposes of Writ Petition Without Ruling on Section 6(2)(b) CGST Bar, Directs Adjudicating Authority to First Decide Maintainability of Parallel CGST Proceedings — Sudip Chatterjee vs Joint Commissioner of State Taxes, Malda Charge & Ors. (WPA No.6081 of 2022)
Facts of the Case
The petitioner, Sudip Chatterjee, challenged proceedings initiated by the CGST authority against him in WPA No.6081 of 2022 before the Calcutta High Court. His case was that the State GST authority had...
Allahabad High Court Quashes Section 129(1)(b) CGST/UPGST Detention Order Passed Without Hearing Petitioner, Remits Matter for Fresh Adjudication Within Two Weeks in Premium Traders vs State Of U.P. And 2 Others (Writ Tax No. 582 of 2022)
Facts of the Case
The petitioner, Premium Traders, a trader dealing in iron and steel, sold 10,090 kg of TMT bar valued at Rs.4,16,717/- to M/s. Umar Enterprises, Ghaziabad, under invoice No.747 dated 04.03.2022. Both t...
Gujarat High Court Quashes Vague Show Cause Notices and Order Cancelling GST Registration, Restores Registration in Asterpetal Trade and Services Private Limited vs State of Gujarat (R/Special Civil Application No.7155 of 2022)
Facts of the Case
Asterpetal Trade and Services Private Limited, engaged in the business of trading bullion and agricultural commodities, was registered under the GGST Act with effect from 25.01.2018. It was served with...
Gujarat High Court Directs Appellate Authority to Dispose of GST Confiscation Appeal Within Six Weeks in Jamnagar Transport Co. (Saurashtra Division) vs State of Gujarat (R/Special Civil Application No.5936 of 2022)
Facts of the Case
Jamnagar Transport Co. (Saurashtra Division) had filed this writ application challenging an order passed by Respondent No.2 in FORM GST MOV-11 dated 13 December 2021. When the matter was taken up for f...
Karnataka High Court Quashes GST Tax and Penalty Demand Over Minor Vehicle Number Error, Remands Matter for Reconsideration in Light of CBIC Circular in M/S. Dayalal Meghji and Company vs Commercial Tax Officer (Writ Petition No.113021/2019)
Facts of the Case
M/s. Dayalal Meghji and Company, represented by its Incharge Manager Ajit Balappa Kurbetti, filed this writ petition under Articles 226 and 227 challenging an order dated 03.12.2018 passed by the Comme...
Gujarat High Court Relegates Petitioner to Statutory Appeal Against GST Confiscation Order, Permits Condonation of Delay and Interim Relief in HBS Alloys Pvt. Ltd. vs State of Gujarat (R/Special Civil Application No.800 of 2022)
Facts of the Case
HBS Alloys Pvt. Ltd., through its Director Shri Harsh D. Shah, filed this writ application under Article 226 challenging detention notices dated 20.12.2021 in FORM GST MOV-6 and FORM GST MOV-10, and se...
Karnataka High Court Upholds Simultaneous Levy of Central Excise Duty, NCCD and GST on Tobacco Products, Dismisses Constitutional Challenge in M/S V.S. Products vs Union of India (W.A. No.119 of 2022 in W.P. No.52371 of 2019)
Facts of the Case
M/S V.S. Products, a proprietary firm manufacturing tobacco products, was registered under the Central Excise Registration Rules, 2002 and, after GST commenced, under the CGST Rules, 2017. By Notificat...