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MODERN TRADERS vs. STATE OF U.P. AND 2 OTHERS


(Allahabad High Court | Apr 3, 2018)

Heard Sri Nishant Mishra assisted by Sri Vipin Kumar Kushwaha, learned counsel for the petitioner and Sri C.B. Tripathi, learned Standing Counsel representing the State- respondents. The petitioner being a proprietorship firm is engaged in trading of iron and steel as well as their products and is registered under the provisions of the UPGST Act, 2017 (hereinafter referred to as 'the Act'). The Assessing Authority has allotted GSTIN no. to the petitioner. The petitioner has sold 1...
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Heard Sri Nishant Mishra, learned counsel for the petitioner assisted by Sri Vipin Kumar Kushwaha, Advocate and Sri C.B. Tripathi, Special Counsel for the State of U.P. The petitioner is aggrieved by the seizure of his goods vide impugned order dated 25.03.2018 passed under Section 129(1) of the U.P. Goods and Services Tax Act, 2017 (hereinafter referred to as the U.P.G.S.T.). The submission is that as admittedly the seized goods were in transit from outside the State the transaction ...
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BHUMIKA ENTERPRISES vs. STATE OF U.P. AND 3 OTHERS


(Allahabad High Court | Apr 3, 2018)

Heard Sri Nitin Kesarwani and Sri M.M. Rai, learned counsels for the petitioner, Sri Vinay Kumar Pandey, learned counsel for respondent no.2 and Sri C.B. Tripathi, learned special counsel for the State. By means of the present writ petition the petitioner has challenged the seizure order dated 27.3.2018 passed under Section 129(1) of the U.P. G.S.T. Act, 2017 as well as the show cause notice issued under Section 129(3) of the said Act dated 27.3.2018 respectively. The brief facts of t...
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Petitioner seeks release of the goods detained by the respondent under Section 129 of the Central Goods and Services Tax Act as also the Kerala State Goods and Services Tax Act. 2. It is seen that an identical matter has been disposed of by a Division Bench of this Court in W.A.No.1802 of 2017, directing expeditious completion of the adjudication of the matter and permitting release of the goods detained pending adjudication, in terms of Rule 140(1) of the Kerala Goods and Services Tax Ru...
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SINGH TYRES vs. STATE OF U.P. AND ANOTHER


(Allahabad High Court | Apr 2, 2018)

Heard Sri Amit Mahajan and Sri Niraj Kumar Singh, learned counsel for the petitioner and Sri C.B. Tripathi, learned Special counsel for the State respondents. The petitioner is a registered proprietorship firm and is engaged in trading of various kind of tyres and tubes. The petitioner has purchased tyres and tubes from Apollo Tyres Ltd., Kanpur (U.P.). The claim of the petitioner is that the petitioner, who is consignor, is a registered dealer under G.S.T. -Goods and Service Tax Act,...
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NATIONAL PLASTIC INDUSTRIES LTD.


(Authority for Advance Ruling, Maharashtra | Apr 2, 2018)

PROCEEDINGS (under section 98 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017) The present application has been filed under section 97 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter referred to as “the CGST Act and MGST Act”] by NATIONAL PLASTIC INDUSTRIES LIMITED, the applicant, seeking an advance ruling in respect of the following question : To seek...
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UNION OF INDIA vs. J.K. MITTAL & COMPANY


(Supreme Court | Mar 28, 2018)

ORDER The application for permission to appear and argue in person is allowed. Heard Ms. Pinky Anand, Learned Additional Solicitor General appearing on behalf of the petitioners and Mr. J.K. Mittal, the respondent, who has appeared-in-person. Learned Additional Solicitor General and the respondent-in-person are fairly agreed that the transfer petitions be allowed and Writ Petition (C) No. 5709 of 2017 titled as M/s. J.K. Mittal & Co. v. UOI & Ors., pending at High Court of...
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Petitioner was a registered dealer under the Kerala Value Added Tax, now migrated to the Goods and Services Tax Act regime. Though they have applied for registration under the Goods and Services Tax statutes, they have not been granted registration sought for. The petitioner, therefore, seeks appropriate directions in this regard. 2. On 19.02.2018, when this matter was taken up, the learned counsel for respondents 1 and 2 submitted, on instructions, that the issue of the petitioner has be...
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1. Rule. Respondents waive service. By consent, Rule is made returnable forthwith. 2. By this writ petition under Article 226 of the Constitution of India, the petitioners are challenging an order levying/collecting the Goods and Service Tax (GST) on the one-time lease premium charged by respondent no. 4 while letting plots of land on lease basis. By prayer clause (b), the petitioners seek a writ of mandamus or any other appropriate writ, order or direction in the nature thereof directing...
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Petitioner seeks release of the goods detained by the respondent under Section 129 of the Central Goods and Services Tax Act as also the Kerala State Goods and Services Tax Act. 2. It is seen that an identical matter has been disposed of by a Division Bench of this Court in W.A.No.1802 of 2017, directing expeditious completion of the adjudication of the matter and permitting release of the goods detained pending adjudication, in terms of Rule 140(1) of the Kerala Goods and Services Tax Ru...
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