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Search Results for "CGST"

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High Court

Bombay High Court Dismisses Revenue's Appeal in Service Tax Classification Dispute. CESTAT's finding that activity was classifiable under Works Contract Service rather than Erection Commissioning and Installation Service upheld.

14 Dec 2022

The Commissioner of CGST & Central Excise, Thane, filed an appeal under Section 35G of the Central Excise Act, 1944 read with Finance Act, 1994 agains...

High Court

Bombay High Court Quashes Provisional Attachment Order in GST Case — Attachment of Escrow Account Held Invalid as Petitioner Was Not the Tax-Defaulting Assessee. Section 83 of CGST Act, 2017 does not permit provisional attachment of property of a third party who is not a noticee or assessee under the Act.

9 Feb 2021

The petitioners, Abhi Engineering Corporation Pvt. Ltd. and another, filed a writ petition under Article 226 of the Constitution of India challenging ...

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 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

Madras High Court Considers Tax Revision Against Tribunal Order Restoring Equal Addition and Penalty Under TNVAT Act, 2006. Taxpayer Argues Stock Variation Computed from Notional Trading Method Without Physical Verification Cannot Sustain Penalty Under Section 27(3)(c).

6 Jul 2026

The case involved a tax revision petition filed by M/s. Vista Garments, a registered dealer under the CGST Act, 2017, engaged in manufacturing hosiery...

High Court

Madras High Court Dismisses Petitioner's Challenge to Late Fee and Penalty for Non-Filing of Annual GST Return. Late fee under Section 47(2) of CGST Act is leviable for failure to file return, and penalty under Section 125 is valid as no separate penalty prescribed.

2 Jun 2026

The petitioner, Tvl.KPK Fuel Services, a proprietorship firm, challenged an order dated 13.12.2023 issued under Section 73 of the TNGST Act, 2017, whi...

High Court

Gujarat High Court Quashes Income Tax Reassessment Notice Based on Cancelled GST Registration — Reliance on GST Proceedings Without Independent Verification Held Invalid. Reassessment proceedings under Section 148A of Income Tax Act, 1961 cannot be based solely on a GST registration cancellation order that has been set aside in appeal, as the foundation of the notice disappears.

23 Mar 2026

The petitioner, Piyush Mafatlal Shah, is engaged in the business of trading in gold, silver, diamond, and bullion under the proprietary concern M/s Pr...

High Court

Bombay High Court Quashes Provisional Attachment Order in GST Case for Non-Compliance with Section 83(1) MGST Act — Attachment Without Pending Proceeding or Prior Notice Invalid

31 Mar 2021

The petitioner, Praful Nanji Satra, a businessman who rented out commercial premises and paid GST on license fees, challenged a provisional attachment...

High Court

Bombay High Court Allows Amendment of GSTIN in Bill of Entry Under Section 149 of Customs Act, 1962 — Petitioner's Request for Correction of GSTIN and Address in Bill of Entry Allowed as Permissible Amendment

5 Sep 2023

The petitioner, Sinochem India Company Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated Octo...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Exemption for Warehousing of Tea as Agricultural Produce under GST. Tea stored in 50 kg bags after standard processing is 'agricultural produce' eligible for exemption under Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017.

11 Dec 2023

The petitioner, Nutan Warehousing Company Pvt. Ltd., is a company incorporated under the Companies Act, 1956, engaged in the business of warehousing, ...

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