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Patna High Court Sets Aside Delay-Based Rejection of a GST Appeal and Restores It Under the Special Procedure of CBIC Notification No.53/2023-Central Tax, Subject to Payment Conditions: M/s Yash Enterprises vs State of Bihar and Others (Civil Writ Jurisdiction Case No.15351 of 2023)
Facts of the Case
The petitioner, M/s Yash Enterprises, a proprietorship represented by its proprietor Yash Agrawal of Kishanganj, Bihar, challenged before the Patna High Court the dismissal of its appeal filed under Se...
ITC Blocking Notice Quashed for Failing to Specify Whether Issued Under Rule 86A or Section 74: Telangana High Court Allows Writ in M/s. A.S.E. India vs Union of India and Others (Writ Petition No. 4756 of 2023)
Facts of the Case
The petitioner, M/s. A.S.E. India, a partnership firm holding GSTIN 36AAGFA9373E1ZD, challenged a notice dated 02.12.2022 issued by the third respondent (Assistant Commissioner of State Tax) blocking i...
Allahabad High Court Lucknow Bench Directs Time-Bound Decision on Representation Seeking a GST Certificate for Fortified Rice Kernel Supplies Under Notification No.39/2017-Central Tax (Rate): Arpan Agro Industries vs State of U.P. (WRIT-C No.8329 of 2023)
Facts of the Case
The petitioner, Arpan Agro Industries, Ludhiana, Punjab, represented by its proprietor Arpan Goyal, approached the Lucknow Bench of the Allahabad High Court complaining that although it had supplied Fo...
Re-Auction Notice and GST DRC-16 Property Attachment Challenge Dismissed as Withdrawn After Petitioner Defaults on Installment Arrangement: Andhra Pradesh High Court in M/s. Sri Lalitha Construction Products vs Deputy Assistant Commissioner (ST), West Circle, Vizianagaram & Others (Writ Petition No. 32017 of 2023)
Facts of the Case
The petitioner, M/s. Sri Lalitha Construction Products, represented by its Partner Mr. Thota Venugopal, challenged a Re-Auction Public Notice dated 06.12.2023 issued by the first respondent proposing t...
Interest Under Section 50 Cannot Be Levied for the Period of Erroneous GSTIN Cancellation: Kerala High Court Sets Aside Interest Demand Order in M/s Hilton Garden Inn vs Commissioner of Kerala Goods and Service Tax Department & Anr (WP(C) No.25069 of 2023)
Facts of the Case
The petitioner, M/s. Hilton Garden Inn, a unit of MPG Hotels and Infrastructure Ventures Pvt. Ltd., holding GSTIN 32AAECM1840M3ZI granted on 28.06.2017, challenged an order directing it to remit intere...
Orissa High Court Disposes of GST Writ Petition by Adopting the Reasoning and Directions of Its Common Order in a Connected Batch of Writ Petitions: Raghunath Panigrahi vs Commissioner of CT & GST, Odisha and Others (W.P.(C) No.35105 of 2023)
Facts of the Case
The petitioner, Raghunath Panigrahi, filed a writ petition before the High Court of Orissa at Cuttack against the Commissioner of CT & GST, Odisha and others, raising a GST-related grievance. The matte...
Section 16(4) Time Limit for Input Tax Credit Not Pressed: Karnataka High Court Dharwad Bench Relegates Petitioner to Statutory Appellate Remedy in M/s K.V. Hanchinal vs Assistant Commissioner of Commercial Taxes & Ors (WP No.104348 of 2023 (T-RES))
Facts of the Case
The petitioner, M/S. K.V. Hanchinal, a Class One Contractor holding GSTIN 29AAGFK8411R2ZL, filed a writ petition before the Dharwad Bench of the Karnataka High Court challenging the constitutional vali...
Writ Against GST Recovery Notice and Form DRC-07 Demand Withdrawn by Petitioner to Avail Proposed GST Amnesty Scheme, with Liberty Reserved: Kerala High Court Disposes of Vadakkedath Sanilan vs State Tax Officer and Others (WP(C) No. 33287 of 2023)
Facts of the Case
The petitioner, Vadakkedath Sanilan, proprietor of S.B. Medicals, Nileswaram, Kasaragod District, challenged a show cause notice dated 05.07.2021, the consequential order along with a demand in Form GS...
Territorial Jurisdiction No Ground to Dismiss GST Appeal: Allahabad High Court Lucknow Bench Quashes Order and Directs Transmission of Appeal in M/S Ritvik Steel Private Limited vs State Of U.P. Thru. Addl. Chief Secy., State Tax Civil Sectt., and Others (WRIT TAX No. 125 of 2023)
Facts of the Case
The petitioner, M/S Ritvik Steel Private Limited, through its Director Mr. Amit Kumar, had its goods detained and an order passed against it on 16.09.2021 in exercise of power under Section 129 of the ...
Section 62 Best-Judgment Assessment Orders Rendered Infructuous: Kerala High Court Closes Writ After Entire GST Liability Settled Under Amnesty Notification No. 6/2023-Central Tax in Hercules Automobiles International (P) Ltd. vs Union of India & Ors. (WP(C) No. 36195 of 2022)
Facts of the Case
The petitioner, Hercules Automobiles International (P) Ltd., represented by its Managing Director, had multiple best-judgment assessment orders passed against it under Section 62 of the CGST/SGST Act, ...