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ORDER The petitioner is before this Court against the impugned order dated 30.04.2024 passed by the respondent for the assessment year 2018-19. 2. The impugned order precedes the notice in DRC 01A dated 14.12.2023 and the show cause notice in DRC-01 dated 29.01.2024, in which it is stated that the petitioner has replied on 17.08.2022. Thereafter, the petitioner has also been issued with personal hearing notices. The petitioner has challenged the impugned order although the petitioner ...
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P.C. : 1. This petition is being disposed in terms of the order dated 18th June 2024 in Writ Petition No. 1925 of 2024. 2. Unlike Writ Petition No. 1925 of 2024, in this petition Respondent No. 2 is yet to pass an order in the Application dated 27th October 2017 (Exhibit D to this petition) filed by petitioner for extension of time in terms of the proviso to Section 140 (5) of the Central Goods and Services Tax Act, 2017 (CGST Act). Reminder was filed vide letter dated 27th December 2...
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P.C. : 1. The matter pertains to the transition of credit as per Section 140 (5) of the Central Goods and Services Tax Act, 2017 (CGST Act). 2. In this petition an order dated 1st November 2023 passed by Respondent No. 2, the Assistant Commissioner (Tech), CGST and C.EX. on behalf of the Commissioner rejecting an application filed by petitioner seeking extension under the proviso to Section 140 (5) of the CGST Act is impugned. Petitioner is also impugning an order dated 1st December 2...
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ORDER Heard learned counsel for the parties. 2. At the outset, Mr. P.A.S. Pati, Sr. S.C representing the revenue has raised a preliminary objection to the extent that the petitioner has challenged the show cause notice in the instant case circumventing the procedure of the CGST/JGST Act. As a matter of fact, this is not a case where the writ application should be entertained at this initial stage and the petitioner can very well raise all the grounds before the assessing officer conte...
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COMMON ORDER By these two writ petitions, orders in original dated 10.07.2023 in respect of assessment period 2019-2020 and 2021-2022, respectively, are challenged on the ground that the petitioner was not provided a reasonable opportunity to contest the tax demand on merits. 2. The petitioner asserts that he had entrusted compliances to a consultant. Since the show cause notice and impugned orders were uploaded in the “View Additional Notices and Orders” tab on the GST po...
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ORAL ORDER (PER : HONOURABLE MR. JUSTICE NIRAL R. MEHTA) [1] By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner has approached this Court for the following prayers: “17(A) That Your Lordships may be pleased to issue a writ of prohibition or any other appropriate writ, order or direction completely and permanently prohibiting the respondents, their servants and agents from taking any action against the petitioner pursuant to order ...
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COMMON ORDER: (PER THE HON’BLE SRI JUSTICE P.SAM KOSHY) These are eleven Tax Revision Cases assailing the common order passed by the Sales Tax Appellate Tribunal, Hyderabad (hereinafter referred to as ‘STAT’) in T.A. No. 1124 of 2000, T.A. No. 1125 of 2000, T.A. No. 1301 of 2001, T.A. No. 1305 of 2001, T.A. No. 503 of 2003, T.A. No. 504 of 2003, T.A. No. 505 of 2003 and T.A. No. 506 of 2003 decided on 31.03.2004. 2. Heard Mr. Lakshmi Kumaran, learned counsel alon...
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GIRISH PRAVINBHAI RATHOD vs. UNION OF INDIA & OTHERS


(Gujarat High Court | Jun 14, 2024)

ORAL JUDGMENT (PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA) 1. Heard learned advocate Mr. Deven Parikh with learned advocate Mr. Nirav P. Shah for the petitioner and learned advocate Mr. P.Y. Divyewshwar for the respondents. 2. Having regard to the controversy in the narrow compass, with the consent of the learned advocates for the parties, the matter is taken up for hearing. 3. By this petition under Article 226 of the Constitution of India, the petitioner has challenged th...
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COMMON ORAL ORDER (PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA) 1. Rule returnable forthwith. Learned advocate Mr. P.Y. Divyeshvar waives service of notice of rule for respondent no. 2 and learned advocate Mr. Utkarsh Sharma waives service of notice of rule for respondent no. 4. 2. Heard learned advocate Mr. Anand Nainawati for the petitioner, learned advocate Mr. P.Y. Dvyeshvar for respondent no. 2 and learned advocate Mr. Utkarsh Sharma for respondent no. 4. 3. These petit...
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ORAL ORDER (PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA) 1. Heard learned Senior Advocate Mr. Saurabh Soparkar with learned advocate Mr. Hardik V. Vora for the petitioner and learned AGP Ms. Shrunjal Shah for the respondent no. 2. By this petition under Article 226 of the Constitution of India the petitioner has prayed for the following reliefs: “a. A writ of certiorari, or any other appropriate writ, order and/or directions in the nature of certiorari to quash the pro...
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28 Apr

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