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Search Results for "CGST refund"

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High Court

Bombay High Court Allows Writ Petitions Challenging Income Tax Reassessment Notices for Lack of Proper Sanction. Reassessment notices under Section 148 of the Income Tax Act, 1961 quashed as the approval under Section 151 was granted without proper application of mind by the specified authority.

30 Sep 2025

The petitioner, Altisource Business Solutions India Pvt Ltd, filed three writ petitions challenging reassessment notices issued under Section 148 of t...

High Court

Bombay High Court Quashes Refund Rejection Orders for Violation of Natural Justice in CGST Refund Proceedings. Personal Hearing Must Be After Reply Filed Under Rule 92(3) of CGST Rules, 2017.

24 Oct 2024

The petitioner, Credit Agricole CIB Services Private Limited, filed a writ petition challenging refund rejection orders uploaded on the department's w...

High Court

Bombay High Court Allows Writ Petition for Higher Interest on Refund of Seized Cash in GST Investigation — Circular on Pre-deposit Interest Not Applicable to Seized Amounts. Court held that interest on refund of cash seized during investigation should be at the rate actually earned on fixed deposit or 18% per annum, whichever is higher, to prevent unjust enrichment.

20 Sep 2024

The case involves two writ petitions filed by Ramkaran Karwa and his son Samir Karwa against the Union of India and other GST authorities. The petitio...

High Court

Bombay High Court Allows Refund of ITC on Export of Services, Quashes Rejection Order for Violation of Natural Justice. The court held that the rejection of refund claim without considering the petitioner's reply and without granting a personal hearing violated principles of natural justice under Section 75(4) of the CGST Act, 2017.

31 Jul 2023

The petitioner, Jacobs Solutions India Pvt. Ltd., is engaged in providing engineering consulting services to its group entities located outside India....

High Court

Bombay High Court Allows Appeals on Interest on Refund Under Section 11BB of Central Excise Act, 1944 — Interest Payable from Expiry of Three Months from Date of Initial Refund Claim, Not from Date of Tribunal Order. The court followed the Supreme Court decision in Ranbaxy Laboratories Ltd. v. UoI, holding that the date of initial refund claim is the relevant date for computing interest under Section 11BB.

2 Dec 2022

The appellant, Lavino Kapur Cotton Pvt. Ltd., filed four refund applications under Rule 5 of the CENVAT Credit Rules, 2004, for refund of duty amounti...

High Court

Bombay High Court Allows Refund Claim Despite Non-Electronic Filing in GST Case — Circular Cannot Override Statutory Provisions. Refund application filed manually under Section 54 of CGST Act, 2017 held valid as Circular No. 125/44/2019-GST requiring electronic filing is directory, not mandatory.

14 Feb 2022

The petitioners, C.P. Ravindranath Menon and Sindhu Ravindranath Menon, filed a writ petition under Article 226 of the Constitution of India before th...

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...

Supreme Court

Supreme Court Allows Appeal in GST Provisional Attachment Case, Reversing High Court's Dismissal on Maintainability Grounds. The High Court Erred in Dismissing Writ Petition Solely Due to Alternative Remedy Under Section 107 of the Himachal Pradesh Goods and Services Tax Act, 2017, Without Examining Merits of Provisional Attachment Orders Under Section 83.

20 Apr 2021

The appeal arose from a judgment dated 1 January 2021 by the High Court of Himachal Pradesh, which dismissed a writ petition under Article 226 of the ...

High Court

Bombay High Court Allows Writ Petition for Transitional Input Tax Credit Under GST — Time Limit for Filing TRAN-1 Form Held Directory, Not Mandatory. The court directed the GST authorities to accept the TRAN-1 Form filed beyond the prescribed time limit, holding that the time limit was directory and the petitioner had sufficient cause for delay.

20 Mar 2020

The petitioner, Nelco Limited, a company incorporated under the Companies Act, 1956, supplies and undertakes various network-related services. It file...

High Court

Bombay High Court Allows Writ Petitions Challenging Service Tax Demand on Construction of Port Services. Services by way of construction of original works pertaining to a port are exempt from service tax under Notification No.25/2012-ST dated 20.06.2012, Entry No.14.

14 Dec 2018

The petitioners, JSW Dharmatar Port Pvt. Ltd. and JSW Jaigarh Port Ltd., are companies engaged in developing and operating ports. In the course of the...

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