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Search Results for "IGST Act"

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High Court

Gujarat High Court Allows Writ Petition on Expiry of E-Way Bill for Exported Goods, Holds Penalty Under Section 129(1)(a) of CGST Act Not Imposable. The Court directed refund of penalty amount of Rs. 18,00,140/- as the issue was covered by Marcowagon Retail Pvt Ltd vs. Union of India.

23 Feb 2026

The petitioner, Balkrishna Industries Limited, filed a writ petition before the Gujarat High Court challenging orders dated 29.11.2025 and 02.12.2026 ...

High Court

High Court Allows Writ Petition for Refund of IGST on Ocean Freight -- Sets Aside Appellate Order Directing Limitation Verification -- Reliance on Precedents for Mistake of Law Refunds

16 Jan 2026

The petitioners imported fertilizers on CIF basis, paying IGST on ocean freight under reverse charge mechanism as per RCM Notification No.10/2017. Aft...

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

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 of Karnataka Dismisses Challenge to GST Notification Extending Time Limit for Show Cause Notice. Notification No. 09/2023 held valid under Section 168A of CGST Act, 2017 as a legislative act not amenable to certiorari.

1 Oct 2024

The petitioner, M/s Sahaj Construction, a registered dealer under the GST laws, filed a writ petition under Articles 226 and 227 of the Constitution o...

High Court

Bombay High Court Quashes GST Summons Issued by DGGI Ahmedabad to Petitioners in Maharashtra for Lack of Territorial Jurisdiction. Summons under Section 70 of the Central Goods and Services Tax Act, 2017 must be issued by an officer having jurisdiction over the place of business of the person summoned.

28 Mar 2024

The petitioners, Shantanu Sanjay Hundekari, Vikas Agarwal, Yogesh Agarwal, and Mamta Gupta, are residents of Maharashtra and their place of business i...

High Court

Bombay High Court Upholds Validity of GST Circulars on Input Tax Credit Reversal for Exempted Supplies. Circulars Clarifying Section 17(2) of CGST Act, 2017 Held Not Ultra Vires as They Merely Interpret Existing Provisions.

13 Feb 2024

The petitioner, Fomento Resorts and Hotels Ltd., a company incorporated under the Indian Companies Act, 1956, challenged the validity of Circular No.3...

High Court

Bombay High Court Upholds Constitutional Validity of IGST Provisions in Challenge to Vires. Section 13(8)(b) and Section 8(2) of Integrated Goods and Services Tax Act, 2017 held valid and not ultra vires.

6 Jun 2023

The judgment concerns two writ petitions challenging the vires of section 13(8)(b) and section 8(2) of the Integrated Goods and Services Tax Act, 2017...

High Court

Bombay High Court Allows Writ Petitions Challenging GST Assessment Orders for Violation of Natural Justice. Orders set aside as show cause notices and assessment orders were uploaded on GST portal without actual communication to the petitioners, depriving them of opportunity to be heard.

29 Sep 2022

The Bombay High Court dealt with three writ petitions filed by Oasis Realty, Roma Builders Pvt Ltd, and Macrotech Developers Limited challenging asses...

High Court

Bombay High Court Allows Refund of Unutilized Input Tax Credit for Export of Services Under IGST Act — Rejects Revenue's Contention of Non-Compliance with Pre-Audit Requirement. The court held that rule 96(10) of CGST Rules applies only to refund of integrated tax paid on export, not to refund of unutilized input tax credit under section 54 of CGST Act.

8 Mar 2021

The petitioner, BA Continuum India Pvt. Ltd., is a company incorporated under the Companies Act, 1956, engaged in providing information technology and...

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