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Search Results for "CGST"

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High Court

Bombay High Court Quashes Show Cause Notices in GST Case for Lack of Jurisdiction — Services by Municipal Corporation Under Article 243W Attract Nil Rate of Tax Under Notification No.12/2017-Central Tax (Rate). The court held that show cause notices demanding service tax on services rendered by MCGM in relation to functions under Article 243W were without jurisdiction as the services are exempted.

11 Nov 2024

The Bombay High Court dealt with a batch of writ petitions challenging show cause notices issued under the Central Goods and Services Tax Act, 2017 (C...

High Court

Bombay High Court Allows Writ Petitions Challenging Provisional Attachment of Bank Accounts Under Section 83 of CGST Act, 2017 — Orders of Attachment Quashed for Non-Compliance with Mandatory Conditions. The court held that provisional attachment requires pendency of proceedings under specified sections and formation of opinion by Commissioner with recorded reasons, and that the order disposing objections under Rule 159(5) is not appealable.

30 Jun 2023

The Bombay High Court dealt with three writ petitions challenging the provisional attachment of bank accounts under Section 83 of the Central Goods an...

High Court

Bombay High Court Examines Rejection of Declaration Under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 for Audit Category. E-Mail and Letter Communications Before June 30, 2019 Alleged as Written Quantification Under Section 121(r) of Finance Act, 2019 to Claim Relief Under Sections 123 and 124.

21 Oct 2021

The dispute arose from rejection of declarations filed under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 by JSW Steel Limited, a compan...

High Court

Bombay High Court Quashes Assessment Orders Against Former Directors in GST Case — Personal Liability Cannot Be Imposed Without Shedding Corporate Veil. Directors Who Resigned Prior to Tax Period Cannot Be Held Liable for Company's Tax Dues Under MGST Act, BST Act, and CST Act Without Lifting Corporate Veil.

22 Aug 2022

The petitioners, Mukesh D. Ramani, Satish D. Sanghavi, and Prakash D. Sanghavi, were former directors of Twin City Organics Pvt. Ltd. They filed writ ...

High Court

Bombay High Court Allows Interest on Delayed GST Refund Despite Red Flagging of Exporter. Petitioner entitled to interest under Section 56 of CGST Act for period beyond 60 days from filing shipping bill, as red flagging does not justify indefinite delay.

14 Nov 2024

The petitioner, Ms. Anita Agarwal, sole proprietor of M/s. Shanker International, is an exporter of goods such as Ethyl Alcohol Liquid Packaging Film ...

High Court

High Court of Karnataka Allows Writ Petition for Refund of Rs.27.51 Crore Collected Under Coercion in GST Investigation — Mandamus Issued for Unlawful Recovery Without Adjudication. Court Holds That Recovery Without Adjudication Is Illegal and Violative of Article 265, and Directs Refund With Interest.

14 Sep 2021

The petitioner, M/s. Bundl Technologies Private Limited, a company engaged in e-commerce, filed a writ petition under Article 226 of the Constitution ...

High Court

Bombay High Court Allows Interest on Delayed Refund of CENVAT Credit Under Section 11BB of Central Excise Act, 1944. Petitioner entitled to interest at 6% per annum from the date immediately after expiry of three months from receipt of refund application till date of refund.

23 Aug 2022

The petitioner, M & G Global Services Pvt. Ltd., is engaged in providing Information Technology enabled services to its group entities located outside...

High Court

Bombay High Court Dismisses Writ Petition Challenging Show Cause Notice in GST Discount Case — No Interference at Pre-Adjudication Stage. Limitation and Retrospective Effect of Circular Can Be Raised Before Adjudicating Authority Under Section 74 of CGST Act, 2017.

14 Nov 2024

The petitioner, Apollo Tyres Limited, challenged a show cause notice dated 2 August 2024 issued by the Additional Director, Directorate General of GST...

High Court

High Court Quashes Stay Order in GST Appeal for Lack of Jurisdiction — Mandamus Issued to Admit Appeal. Pre-deposit condition under Section 107(6) of CGST/SGST Acts 2017 cannot be imposed by appellate authority without first admitting the appeal.

20 Dec 2023

The petitioner, M/S Tejas Arecanut Traders, a proprietary concern engaged in the business of arecanut trading, filed a writ petition under Articles 22...

High Court

Bombay High Court Strikes Down Rule 90(3) of CGST Rules as Ultra Vires in Refund Re-Application Case. Rule 90(3) requiring fresh refund application within two years of relevant date held inconsistent with Section 54 of CGST Act, 2017.

10 Jan 2022

The petitioner, Saiher Supply Chain Consulting Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India challenging the constit...

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