Search Results for "Section 129 CGST"

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Search Results for "Section 129 CGST"

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High Court

High Court of Karnataka Dismisses Revenue's Appeal in GST Detention Case — Confiscation Notice Under Section 130 Without Prior Adjudication Under Section 129 Held Invalid. The court held that proceedings under Section 130 of the CGST Act, 2017 cannot be initiated without first completing the adjudication process under Section 129 of the Act.

25 Sep 2023

The Revenue (Union of India and others) filed an intra-court appeal against the order of a learned Single Judge in W.P.No.100849/2022 dated 16.08.2022...

High Court

High Court of Karnataka Quashes Detention of Goods Under GST for Lack of Jurisdiction — Second Detention Without Proper Authorization Invalid. The court held that detention of goods under Section 129 of CGST Act, 2017 requires proper authorization and cannot be done without jurisdiction.

19 Aug 2020

The petitioner, a transporter registered under the Central Goods and Services Tax Act, 2017 (CGST Act) and Integrated Goods and Services Tax Act, 2017...

High Court

High Court of Gujarat Allows Writ Petition Challenging GST Confiscation Notice Due to Improper Procedure. Authorities Must Complete Entire Process Under Section 129 of Central Goods and Services Tax Act, 2017 Before Invoking Confiscation Under Section 130, Unless Intention to Evade Tax is Established.

29 Jan 2026

The dispute arose from the detention of a truck transporting metal scrap by the State Tax Officer on November 22, 2023, under Section 129 of the Centr...

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

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

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 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

Bombay High Court Allows Writ Petition Challenging GST Assessment Order for Violation of Natural Justice. Show Cause Notice and Assessment Order Found to Be Identical, Indicating Non-Application of Mind by Adjudicating Authority.

12 Dec 2025

The petitioner, a private limited company, challenged an assessment order dated 31 March 2023 passed under Section 73 of the Central Goods and Service...

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

Gujarat High Court Allows Writ Petition on Expiry of E-Way Bill for Exported Goods, Holds Penalty Under Section 129(1)(a) of CGST Act Not Imposable. The Court directed refund of penalty amount of Rs. 18,00,140/- as the issue was covered by Marcowagon Retail Pvt Ltd vs. Union of India.

23 Feb 2026

The petitioner, Balkrishna Industries Limited, filed a writ petition before the Gujarat High Court challenging orders dated 29.11.2025 and 02.12.2026 ...

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