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Search Results for "CGST refund"

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High Court

Bombay High Court Quashes GST Provisional Attachment Order for Violation of Natural Justice. Attachment of Bank Accounts and Property Without Prior Hearing Held Invalid Under Section 79(1)(c) of CGST Act, 2017.

26 Mar 2026

The petitioner, Navin Vishwanathan, proprietor of M/s. Oriental Facility, filed a writ petition under Articles 226 and 300A of the Constitution of Ind...

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 Sets Aside Refund Rejection Orders for Non-Compliance with Rule 92(3) of CGST Rules, 2017 — Matter Remanded for Fresh Consideration After Issuance of Show Cause Notice and Hearing. The court held that rejection of refund claims without following the mandatory procedure under Rule 92(3) of the CGST Rules, 2017, including issuance of show cause notice and opportunity of hearing, is unsustainable.

22 Oct 2024

The petitioner, Haren Textiles Private Limited, applied for refunds under the CGST Act. The Deputy Commissioner of State Tax, Mumbai, passed orders gr...

High Court

High Court of Karnataka Quashes Appellate Order Dismissing GST Appeal as Time-Barred Without Considering Merits — Directs Restoration and Fresh Adjudication. Pre-deposit of 10% of disputed tax demand is mandatory for maintainability of appeal under Section 107(6) of CGST Act, 2017, but appellate authority must consider condonation of delay on merits if sufficient cause is shown.

19 Jun 2024

The petitioner, M/s Hitachi Energy India Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order ...

High Court

Court Directs Cash Refund: Writ Petitions Grant Relief on CENVAT Credit. Judgement rules in favor of petitioners, mandates cash refund under Section 142(3) of CGST Act, 2017 for excess duty payments.

10 Jun 2024

Writ Petition Outcome captures the essence of the court's decision to grant relief based on the interpretation of Section 142(3) of the CGST Act, 2017...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of SVLDRS Declaration for Public Parking Lot Construction. Court holds that construction of public parking lot in lieu of incentive FSI constitutes 'supply of service' under Finance Act, 1994, and petitioner is entitled to avail SVLDR Scheme benefits.

27 Jan 2023

The petitioner, K. Raheja Private Limited, a company engaged in real estate, constructed a public parking lot (PPL) on a plot in Mumbai. The Municipal...

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

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...

Supreme Court

Supreme Court Sets Aside High Court Order in GST Case Due to Availability of Statutory Alternative Remedy. High Court Erred in Entertaining Writ Petition Under Article 226 of Constitution as No Exceptional Circumstances Like Breach of Fundamental Rights or Violation of Natural Justice Were Established, and Respondent Should Have Availed Remedy Under Section 107 of Central Goods and Services Tax Act, 2017.

3 Sep 2021

The dispute arose from a judgment of the High Court of Telangana dated 4 March 2020, which set aside the action of the Assistant Commissioner of State...

High Court

Bombay High Court Quashes Provisional Attachment of Bank Account in GST Case — Attachment Without Show Cause Notice Violates Principles of Natural Justice. Section 83(1) of CGST Act, 2017 Requires Prior Notice and Opportunity of Hearing Before Attachment.

17 Jan 2020

The petitioner, Kaish Impex Private Limited, a company engaged in the export of perfumes and compound fragrance oil and registered under the Goods and...

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