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C.M. APPL. 32898/2017 1. Allowed, subject to all just exceptions. W.P. (C) No. 7977/2017. 2. Notice. Mr. Ramesh Singh, learned Standing Counsel, accepts notice on behalf of GNCTD. 3. The issue raised in the present petition concerns the utilisation of CGST credit and SGST credit for payment of integrated tax in terms of Section 49 (5) of the Central Goods and Services Tax Act, 2017 (‘CGST Act’). The Petitioner states that its attempt to make payment of the integrat...
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NIRMAL CONSTRUCTIONS vs. THE STATE OF MADHYA PRADESH


(Madhya Pradesh High Court | Sep 6, 2017)

ORDER Challenge in the present petition is to a communication dated 18.8.2017, which has the effect of cancellation of the tender in which the petitioner participated. The communication is that Goods and Service Tax has been made applicable with effect from 1.7.2017, therefore, it is decided by the State Government on 5.8.2017 that for future contracts, offers should be invited by excluding the amount of G.S.T. Such decision is on account of the change in tax environment and inasmuch ...
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A consignment of GI Squares, that was being transported at the instance of the petitioner, was detained by the respondents. Ext.P3 is the detention notice issued to the petitioner. In the writ petition, the petitioner is aggrieved by the insistence of the respondent that the petitioner must pay the security deposit demanded in the detention notice as a condition for release of the goods and vehicle. 2. I have heard the learned counsel appearing for the petitioner and also the learned Gove...
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This appeal is filed by the respondents in W.P.(C) No.28154 of 2017. 2. We heard the learned Government Pleader for the appellants and the learned counsel appearing for the respondent/writ petitioner. 3. The respondent herein, a dealer registered under the KVAT Act and migrated to CGST Act, had purchased a consignment of plywoods from a manufacturer at Perumbavoor, and was transporting the same. The goods were detained by the appellants and Ext.P5 notice under Section 129(3) of the Ce...
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The petitioner is aggrieved with Ext.P5 detention of the goods by the Intelligence Inspector, Squad III, Department of Commercial Taxes. The petitioner contends that the goods were purchased from the manufacturer on payment of Central and State, Goods and Services Tax as is evidenced from the invoice at Ext.P7. The petitioner was selling the same interstate and the transport was accompanied by Ext.P1 invoice which also indicates payment of Integrated Goods and Services Tax. The petitioner'...
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SALUJA MOTORS PRIVATE LIMITED vs. UNION OF INDIA AND ANOTHER


(Punjab and Haryana High Court | Aug 25, 2017)

The petitioner has approached this Court under Articles 226/227 of the Constitution of India inter alia to issue writ in the nature of Certiorari/Mandamus to declare Condition (iv) contained in Section 140 (3) of Central Goods and Service Tax Act, 2017 insofar as it denies the Input Tax Credit of the eligible duties paid in respect of inputs held in stock purchased earlier than 12 months immediately preceding the appointed day. Further writ in the nature of mandamus has been sought declaring/...
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JOSHI AUTOLINKS PRIVATE LIMITED vs. UNION OF INDIA AND ANOTHER


(Punjab and Haryana High Court | Aug 25, 2017)

The petitioner has approached this Court under Articles 226/227 of the Constitution of India inter alia to issue writ in the nature of Certiorari/Mandamus to declare Condition (iv) contained in Section 140 (3) of Central Goods and Service Tax Act, 2017 insofar as it denies the Input Tax Credit of the eligible duties paid in respect of inputs held in stock purchased earlier than 12 months immediately preceding the appointed day. Further writ in the nature of mandamus has been sought declaring/...
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ORDER Heard Sri Naveen Chandra Gupta, learned counsel for the petitioner, Sri Krishna Agarwal, learned counsel appearing on behalf of respondent no.1 and Sri C.B. Tripathi, learned Special Counsel for the State of U.P. The petitioner is an association of advocates and has preferred this petition in public interest. The petition has been placed before us after nomination by the Hon'ble The Chief Justice. The petitioner by means of this petition has assailed the government n...
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KUMAR TRADERS AND COMPANY vs. STATE OF ASSAM


(Gauhati High Court | Aug 9, 2017)

This case was adjourned on 9.8.2017, to enable the learned Govt. Advocate to receive instruction on the circumstances under, which the team from the Bureau of Investigation for Economic Offences (BIEO) had raided the Amingaon godown of the petitioners, where areca nuts are stored. The facts leading to the search and seizure were noted by the Court as under:- “The interest of the petitioners in all 3 cases are common and similar arguments are advanced by the learned counsel Ms. M.L. ...
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The decision of respondent to implement Goods and Services Tax ('GST' for short) with effect from 1.7.2017 is subject matter of challenge in this petition on the following grounds: (i) That implementation is without parliamentary sanction and implementation in midst of the financial year, is not valid; (ii) That the preparations are not well to adopt the new system as the rates of CGST done recently just a week back for which many representation from the public are not yet rep...
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