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Section 16(4) CGST/SGST Constitutional Challenge Not Pressed: Karnataka High Court Disposes Writ Petition Without Ruling on Merits, Grants Liberty to Pursue Statutory Appeal in Siddram Vittal Navi vs Assistant Commissioner of Commercial Taxes (WP No. 100609 of 2023)
Facts of the Case
Shri Siddram Vittal Navi, a civil contractor from Bagalkot, Karnataka, filed a writ petition before the Dharwad Bench of the High Court of Karnataka under Articles 226 and 227 of the Constitution, ques...
Constitutional Challenge to Section 16(4) CGST/SGST Act Input Tax Credit Time Limit Not Pressed in View of Coordinate Bench Precedents: Karnataka High Court Dharwad Bench Grants Liberty to Pursue Statutory Appeal in M/S. APG Automation Pvt Ltd vs Assistant Commissioner of Commercial Taxes (WP No. 104859 of 2022)
Facts of the CaseM/S APG Automation Private Limited, a Belagavi-based company holding GSTIN 29AAKCA2416M1ZF, filed a writ petition before the Dharwad Bench of the Karnataka High Court challenging the constitutional valid...
Writ Petition Against Rajasthan Appellate Authority for Advance Ruling Dismissed as Infructuous on Account of Subsequent Developments Without Adjudication on Merits: Rajasthan High Court Closes Proceedings in Lakhlan And Qureshi Construction Co. vs Rajasthan AAAR and Others (D.B. Civil Writ Petition No. 4911/2023)
Facts of the CaseLakhlan And Qureshi Construction Co., a partnership firm registered under GST (Registration No. 08AAAFL9525H1Z7) and engaged in construction work, filed a writ petition before the High Court of Judicatur...
One Week's Time Granted to Amend Petition, Failing Which Petition Stands Dismissed: Chhattisgarh High Court Passes Procedural Order in Sarthak Metals Limited vs Chhattisgarh GST (WPT No. 39 of 2020)
Facts of the CaseThe petitioner, Sarthak Metals Limited, has an ongoing writ petition before the High Court of Chhattisgarh, Bilaspur, against the Chhattisgarh GST authority, connected with WPT No. 159 of 2019, arising u...
Ex Parte Section 73 OGST Assessment Order Set Aside for Denial of Natural Justice: Orissa High Court Grants Fresh Chance to Reply and Be Heard in M/s. Pragati Construction vs Commissioner of CT & GST, Odisha (W.P.(C) No.41802 of 2023)
Facts of the Case
M/s. Pragati Construction, the petitioner, is a works contractor who challenged an order dated 23.11.2023 passed by the Deputy Commissioner of State Tax, CT & GST, Bargarh Circle, Bargarh, Odisha, ...
Mandatory Personal Hearing Under Section 75(4) UP GST Act Denied Before Passing Adverse Assessment Order: Allahabad High Court Lucknow Bench Sets Aside Demand and Remits Matter for Fresh Notice in M/S S.A. Traders vs State of U.P. and Another (WRIT TAX No. 205 of 2023)
Facts of the CaseM/S S.A. Traders, Lucknow, through its proprietor Sanjay Agarwal, challenged an order dated 05.07.2023 passed by the Deputy Commissioner, State Tax, Sector-17, Lucknow, for the tax period 2021-22, raisin...
Cancellation of GST Registration and Rejection of Revocation Appeal Set Aside for Being Mechanical: Telangana High Court Remits Matter for Fresh Consideration Subject to Payment of Late Fee in ANDSRR Enterprises vs Additional Commissioner (Appeals-II) and Others (Writ Petition No.25671 of 2023)
Facts of the CaseANDSRR Enterprises, a civil work contractor represented by its authorised signatory and based in Telangana, had its GST registration cancelled by an order-in-original dated 25.03.2023 on account of delay...
Writ Dismissed, IGST Demand of Rs. 3.34 Crore Stands: Rajasthan High Court Declines Article 226 Interference in Rule 96(10) CGST Rules Refund Dispute, Relegates Assessee to Statutory Appeal in Vaibhav Global Limited vs Union of India (D.B. Civil Writ Petition No. 19944/2023)
Facts of the CaseThe petitioner, Vaibhav Global Limited, having its registered office at Sitapura, Jaipur, challenged before the High Court of Judicature for Rajasthan, Bench at Jaipur, an order dated 30.10.2023 confirmi...
Relegated to Statutory Appeal Without Any View on Merits: Orissa High Court Disposes of GST Writ With Liberty to Appeal and Direction to Condone Delay in Bibekananda Mishra vs State of Odisha (WP(C) No.34585 of 2023)
Facts of the Case
The petitioner, Bibekananda Mishra, filed this writ petition against the State of Odisha and others, including the CT and GST Department, before the High Court of Orissa at Cuttack, in relation to a di...
GST Writ Petition Disposed of Following Common Batch Order on Identical Questions of Law and Fact: Orissa High Court Applies Pravat Kumar Choudhury Ruling to M/s. Sanjay Kumar Behera vs Commissioner of Commercial Taxes and GST, Odisha and Others (W.P.(C) No.29876 of 2023)
Facts of the CaseM/s. Sanjay Kumar Behera, the petitioner, filed a writ petition before the High Court of Orissa at Cuttack against the Commissioner of Commercial Taxes and Goods and Services Tax, Odisha, and other oppos...