Search Results for "CGST Act 2017"

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High Court of Gujarat Allows Writ Petition Challenging GST Confiscation Notice Due to Improper Procedure. Authorities Must Complete Entire Process Under Section 129 of Central Goods and Services Tax Act, 2017 Before Invoking Confiscation Under Section 130, Unless Intention to Evade Tax is Established.

The dispute arose from the detention of a truck transporting metal scrap by the State Tax Officer on November 22, 2023, under Section 129 of the Centr...

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Bombay High Court Allows Writ Petition Challenging GST Assessment Order for Violation of Natural Justice. Show Cause Notice and Assessment Order Found to be Based on Different Grounds, Causing Prejudice to Assessee.

The Petitioner, West India Continental Oils Fats Pvt. Ltd., a company registered under the Companies Act, 2013, filed a writ petition under Article 22...

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Supreme Court Upholds Section 498A IPC as Constitutionally Valid but Issues Guidelines to Prevent Misuse. The court held that the provision is not unconstitutional but requires safeguards against misuse through directions on arrest, investigation, and compounding of offences.

The Supreme Court in this batch of writ petitions and appeals considered the constitutional validity of Section 498A of the Indian Penal Code, 1860, w...

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High Court of Karnataka Quashes Show Cause Notice in GST Case for Lack of Jurisdiction and Violation of Natural Justice. Show Cause Notice Issued by Additional Commissioner Without Proper Authorization and Without Providing Relevant Documents Set Aside.

The petitioner, M/s. Vigneshwara Transport Company, a proprietor engaged in transportation of goods and registered under the Central Goods and Service...

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Bombay High Court Allows Refund of IGST Paid on Exported Goods Despite Claim of Higher Drawback Rate. Petitioner entitled to refund of IGST under Section 16(3)(b) of IGST Act read with Section 54 of CGST Act and Rule 96 of CGST Rules, as selection of higher drawback column does not disentitle refund.

The petitioner, Kunal Housewares Private Limited, exported stainless steel household articles in July, August, and September 2017. The petitioner paid...

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Bombay High Court Dismisses Writ Petition Challenging GST Demand and Rejection of Revocation of Registration — Petitioner Failed to Prove Receipt of Goods and Payment to Supplier Under Section 16(2) of CGST Act, 2017. Input Tax Credit Denied as Burden of Proof Not Discharged.

The petitioner, a proprietorship firm engaged in exporting mobile handsets and registered under the CGST Act, 2017, filed applications for refund of I...

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Bombay High Court Allows Writ Petition Challenging GST Registration Cancellation Without Notice. Cancellation of registration under Section 29 of CGST Act, 2017 set aside for violation of principles of natural justice as no show-cause notice was issued before cancellation.

The petitioner, Dee Vee Projects Ltd., a public limited company engaged in infrastructure development, was registered under the erstwhile State Sales ...

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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.

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