Search Results for "CGST Act 2017"

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Search Results for "CGST Act 2017"

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High Court

Bombay High Court Allows Refund Claim Under CGST Act Despite Previous Sanction for Overlapping Period. Second refund application for a specific month within a previously covered quarter is maintainable as the earlier sanction did not adjudicate the claim for that month.

22 Apr 2026

The petitioner, Valmet Flow Control Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 3 April...

High Court

Bombay High Court Allows Refund Appeals in GST Case Despite Limitation Bar — Deficiency Memo Not Issued. Rule 92 of CGST Rules, 2017 Mandates Issuance of Deficiency Memo and Opportunity of Hearing Before Rejecting Refund Application; Appellate Authority Must Consider Limitation Issue on Merits.

15 Apr 2026

The petitioner, K Line India Pvt. Ltd., a company providing shipping services, filed refund applications for IGST paid on zero-rated supplies to SEZ u...

High Court

Bombay High Court Allows Restoration of GST Registration for Non-Filing of Returns — Petitioner Granted Opportunity to File Returns and Pay Tax. Failure to file returns for six months leads to cancellation, but court holds that restoration is permissible upon compliance with conditions under Section 30 of the Central Goods and Services Tax Act, 2017.

27 Jan 2026

The petitioner, Kishore Nichani, a businessman aged 60, filed a writ petition under Article 226 of the Constitution before the Bombay High Court, aggr...

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 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

High Court of Karnataka Quashes Confiscation Order Under Section 130 of CGST Act for Lack of Mens Rea — Petitioner's Goods and Conveyance Seized During Inter-State Transport, Order Set Aside as Proceedings Under Section 130 Require Intent to Evade Tax, Not Mere Technical Irregularity.

21 Mar 2023

The petitioner, M/s. Shree Pampapathy Enterprises, a proprietorship firm represented by its proprietor Sri Imamahusen Majaresab Mannanavar, was transp...

High Court

High Court of Karnataka Upholds Notification Levying Central Excise on Tobacco Products — Notification No.3/2019-Central Excise dated 06.07.2019 held valid and within powers under Section 5A of Central Excise Act, 1944. The court held that the government has the power to modify or withdraw exemptions in public interest and that promissory estoppel does not apply to legislative functions.

21 Sep 2022

The judgment pertains to a batch of writ petitions filed by manufacturers and dealers of tobacco and tobacco products, challenging Notification No.3/2...

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 Execution of Arbitral Award in Favor of Foreign Entity Without Bank Account in India — Directs Payment by Cheque or Demand Draft. The court held that a foreign award-holder without an Indian bank account can receive payment by cheque or demand draft under Section 36 of the Arbitration and Conciliation Act, 1996.

7 Jun 2022

The applicant, M/s Angerlehner Structural and Civil Engineering Company, a foreign entity, filed an execution application to enforce an arbitral award...

High Court

Bombay High Court Dismisses Petition Challenging Advance Ruling on Job Work Classification Under GST — Conversion of Coal into Electricity and Electricity into Steel Held Not Job Work. The arrangement between two related entities for conversion of inputs into electricity and steel on job work basis does not qualify as 'job work' under Section 2(68) of the CGST Act, 2017 as the process does not result in the same goods being returned.

7 Jun 2019

The petitioner, JSW Energy Limited (JEL), engaged in generation and sale of electricity, proposed an arrangement with JSW Steel Limited (JSL) involvin...

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