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Andhra Pradesh High Court Holds Flavoured Milk Taxable Under HSN 0402 at 5% GST, Not Heading 2202; Allows Batch of Writ Petitions and Sets Aside DRC-07 Orders — Srichakra Milk Products LLP vs Deputy Assistant Commissioner (ST) (W.P. No. 10296 of 2023 & Batch)
Facts of the Case
This batch of five writ petitions was filed by M/s. Srichakra Milk Products LLP (Eluru, West Godavari District) and M/s. Sangam Milk Producer Company Limited (Guntur District) challenging assessment ...
Andhra Pradesh High Court Directs Municipality to Decide GST/Service Tax Difference Claim of an Outsourcing Contractor Within Three Months on Production of Remittance Certificates — M/s Manpower Servicing Agencies vs The State of Andhra Pradesh (W.P. No. 21758 of 2024)
Facts of the Case
The petitioner, M/s Manpower Servicing Agencies, Guntur, represented by its Managing Director, supplied Data Entry Operators on an outsourcing basis to the Gudivada Municipality (the fifth respondent...
Andhra Pradesh High Court Holds Disputed Questions of Fact on Detention of Goods Cannot Be Decided in Writ; Directs Completion of Section 129 CGST Proceedings Within Two Weeks — Madhagoni Venkaiah vs Deputy Assistant Commissioner (State Tax) (W.P. No. 29363 of 2024)
Facts of the Case
The petitioner, Sri Madhagoni Venkaiah, is the owner of a lorry bearing registration No. TS05 UC 2257. The vehicle was seized by the first respondent on 03.11.2024 at Vijayawada while transporting 21...
Telangana High Court Directs Appellate Authority to Decide Stay Application Within Two Weeks Where Bank Account Was Attached for GST Arrears Under Section 73 of the CGST Act, 2017 — M/s Shubham Plast vs The State of Telangana (W.P. No. 36296 of 2024)
Facts of the Case
The petitioner, M/s Shubham Plast (GSTIN 36ABPFS2758F1ZR), Shivarampally, Rangareddy, Telangana, represented by its proprietor Smt. Indira Lahoti, approached the High Court against Notice No. RJNR-II...
Refund Under Notification 56/2002-CE Cannot Be Recovered Solely on Third-Party Investigation: J&K High Court Dismisses Revenue's Section 35G Appeal in Commissioner of Central GST & Central Excise, Jammu vs M/s Narbada Industries (CEA No. 7/2020)
Facts of the Case
M/s Narbada Industries, Bari Brahmana, Jammu, was engaged in the manufacture of “Menthol Flakes” and availed area-based exemption under Notification No. 56/2002-CE dated 14.11.2002. Durin...
M/s. Coal Trading Entity vs State of Andhra Pradesh & Others – Andhra Pradesh High Court Holds GST Refund Application Not Time-Barred Due to Exclusion of Limitation Period under Section 54 of the CGST Act, 2017 | W.P. No. 30152 of 2021
Facts of the CaseThe petitioner, engaged in the business of trading coal,
filed a writ petition challenging the rejection of its GST refund applications
submitted for the tax periods July 2017 to March 2018 and April 2...
State Tax Officer & State of Kerala vs. Baiju A.A. & Connected Cases – Kerala High Court Upholds Invalidity of 2018 KVAT Amendment Due to Lack of Legislative Competence After GST; Reassessment Notices Beyond Limitation Quashed | Article 246A of the Constitution of India, Section 25 of the Kerala Value Added Tax Act, 2003, Section 174 of the Kerala Goods and Services Tax Act, 2017 & Constitution (101st Amendment) Act, 2016
Facts of the Case
Multiple
reassessment notices were issued under Section 25 of the KVAT Act for
earlier assessment years.
These
reassessment proceedings relied upon the extended limitation period
...
M/s. Gradiente Infotainment Limited vs Union of India & Others – Telangana High Court Permits Withdrawal of Writ Petition Challenging Rejection of GST Registration Revocation Application with Liberty to Pursue Appropriate Remedy under Section 30(2) of the CGST Act, 2017 Read with Rule 23 of the CGST Rules
Facts of the CaseM/s. Gradiente Infotainment Limited filed a writ petition
before the Telangana High Court under Article 226 of the Constitution of
India challenging the rejection of its application for revocation of
...
M/s Siddhivinayak Infrastructure Through Its Partner Shri Kolte vs Union of India Through the Secretary & Others – Bombay High Court Directs Authority to Decide GST Reimbursement Claim Within 90 Days | Writ Petition No. 8530 of 2022
Facts of the CaseThe petitioner, M/s Siddhivinayak Infrastructure,
approached the Bombay High Court seeking directions to the competent authority
regarding reimbursement of GST amounting to ₹42,51,126/-.The petitione...
M/s. NCC Limited vs Union of India & Others – Andhra Pradesh High Court Sets Aside Blacklisting Order Passed Without Show Cause Notice; Reaffirms Principles of Natural Justice and Audi Alteram Partem under Article 226 of the Constitution of India
Facts of the CaseThe petitioner company, M/s. NCC Limited, a reputed
construction and engineering company, participated in a tender floated for the
construction of a two-lane major bridge across the Penna River on NH-6...