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Bombay High Court Dismisses Writ Petition Challenging GST Summons — Summons for Oral Evidence Held Valid. No Violation of Article 20(3) as Petitioner Not an Accused at Investigation Stage; Alternative Remedy Available Under CGST Act.

The petitioners, JSK Marketing Limited and its Managing Director, filed a writ petition under Articles 226 and 227 of the Constitution of India before...

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High Court of Karnataka Adjudicates Intra-Court Appeals Against Order Upholding Blocking of Electronic Credit Ledgers Under Rule 86A of CGST Rules; Considers Requirement of Pre-Decisional Hearing and Bonafide Purchaser Protection.

The appeals arose from a common order dated 27.07.2023 passed by a Single Judge in a batch of writ petitions, rejecting the contentions of the appella...

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High Court Quashes GST Appellate Order Against Indian Oil Corporation for Violation of Natural Justice — Pre-deposit Requirement Set Aside. Failure to Provide Personal Hearing and Reasoned Order Renders Appellate Order Unsustainable Under Section 107(11) of CGST Act, 2017.

The petitioner, M/s Indian Oil Corporation Ltd., a public sector undertaking engaged in storage and supply of petroleum products, filed a writ petitio...

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Bombay High Court Allows Refund of IGST on Exports Under Protest, Rejects Unjust Enrichment Claim. Payment under protest does not attract doctrine of unjust enrichment under Section 54 of CGST Act, 2017.

The petitioner, Venus Jewel, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, challenging the refusa...

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Bombay High Court Quashes GST Show Cause Notice and Order for Violation of Natural Justice — Petitioner Not Granted Personal Hearing Despite Specific Request. Failure to Provide Personal Hearing Under Section 75(4) of MGST Act Renders Adjudication Order Void Ab Initio.

The Petitioner, Evergreen Recyclekaro (India) Limited, filed a Writ Petition under Article 226 of the Constitution of India before the High Court of J...

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Karnataka High Court Dismisses Writ Petition Challenging Jurisdiction of State Tax Officer Under IGST; Confiscation of Arecanut Goods Upheld. Court Holds that Section 4 of the Integrated Goods and Services Tax Act, 2017 Does Not Require Separate Notification for Cross-Empowerment of State Officers.

The petitioner, a proprietorship concern dealing in arecanut, challenged a series of orders passed by the Commercial Tax Officer (Enforcement) under t...

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High Court of Bombay Dismisses Revenue's Appeal in Cenvat Credit Dispute — Cargo Sales Report Held Valid Document for Availing Credit. CESTAT's finding that Cenvat credit cannot be denied merely because the document does not contain all particulars under Rule 9(1) of Cenvat Credit Rules, 2004, upheld.

The present appeal was filed by the Commissioner of CGST & Central Excise, Mumbai (West) under Section 35G of the Central Excise Act, 1944 against the...