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Search Results for "CGST refund"

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Supreme Court

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.

10 Mar 2025

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...

High Court

High Court Quashes Appellate Order and Remands GST Refund Case for Fresh Consideration Due to Violation of Natural Justice. Appellate Authority Dismissed Appeal Without Considering Merits or Granting Hearing, Mandating Remand Under Section 107(11) of KGST/CGST Act.

28 Aug 2024

The petitioner, M/S ITD CEMINDIA JV, an association of persons, filed a writ petition under Articles 226 and 227 of the Constitution of India before t...

High Court

Bombay High Court Orders Refund of Rs.56 Crore Service Tax Deposit Retained Without Authority of Law. Petitioner Bank's deposit made under protest to buy peace on interchange income cannot be retained without show cause notice or adjudication order.

8 Nov 2023

The petitioner, The Hongkong and Shanghai Banking Corporation Ltd., filed a writ petition under Article 226 of the Constitution challenging the retent...

High Court

Bombay High Court Allows Writ Petition in GST Refund Case — Satellite Derived 3D Model Services Held as 'Export of Services' Not OIDAR Services. Services of providing satellite derived 3D city models to a UAE client qualify as export of services under Section 2(6) of the IGST Act, 2017, and are not classifiable as Online Information Database Access or Retrieval (OIDAR) services under Section 2(17) of the IGST Act.

24 Aug 2023

The petitioner, Globolive 3D Private Limited, a company incorporated under the Companies Act, 1956, entered into a Service Agreement dated 09 Septembe...

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 Allows IGST Refund to Exporter Despite Initial Error in GST Return. Inadvertent Mistake in Invoice Number and Port Code in GSTR-1 Does Not Bar Refund of IGST on Zero-Rated Supply Under Section 16(3) of IGST Act, 2017.

27 Jun 2023

The petitioner, Sunlight Cable Industries, exported insulated cables to M/s. Khin Maung Tum & Brothers Co. Ltd., Myanmar, and paid Integrated Goods an...

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

High Court of Bombay Dismisses Revenue's Challenge to Refund Order in Favor of Vodafone Idea Limited Due to Alternative Remedy and Delay. The court held that the Revenue's writ petition was not maintainable as an alternative remedy of revision under Section 35A of the Central Excise Act, 1944 was available, and the petition was barred by delay and laches.

4 Jul 2022

The case involves two writ petitions: one filed by Vodafone Idea Limited seeking implementation of a refund order, and another filed by the Revenue ch...

High Court

Bombay High Court Allows GST Refund Claim for Export of Services, Holds That Unjust Enrichment Provisions Do Not Apply When Tax Incidence Is Not Passed On to Any Person in India. The Court interpreted Section 54(8)(d) of CGST Act, 2017 and held that in case of export of services, the foreign client is not a 'person' for the purpose of unjust enrichment, and the refund cannot be rejected on that ground.

9 Jun 2022

The petitioner, Jar Productions Private Limited, is a company incorporated under the Companies Act, 2013, engaged in providing production services to ...

High Court

Bombay High Court Dismisses Review and Writ Petitions in GST Input Tax Credit Refund Case for Duty Free Shops. Sale of duty free goods at airport departure area is not export, hence no refund of ITC under Section 54 of CGST Act, 2017.

7 Oct 2019

The judgment concerns three matters: a criminal application seeking review of dismissal of a PIL, and two writ petitions challenging an adjudication o...

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