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ORDER This matter is taken up by hybrid mode. 2. Heard. 3. Mr. S. Das, learned Additional Standing Counsel (CT & GST) appearing on an advance notice states that as long as delay in filing the revocation application is condoned, and provided the Petitioner complies with all the requirements of paying the taxes, interest, late fee, penalty etc. due, the 3B Return Form filed by the Petitioner will be accepted by the Opposite Parties. 4. In that view of the matter, the delay i...
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ORDER PER In this petition, petitioner seeks the following reliefs: “WHEREFORE, it is respectfully prayed that this Hon’ble Court be pleased to : (a) Issue a writ in the nature of Mandamus or any other writ to issue a writ/order/direction in the nature of Mandamus or any other writ or writs as deemed fit by this Hon’ble Court to direct to quash the impugned order bearing Reference No. ZA290123036946D dated 10.01.2023[Annexure-C] passed by the Respondent and to di...
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ORDER An order dated 22.12.2023 imposing tax, interest and penalty on the Chennai Metropolitan Water Supply and Sewerage Board (the CMWSSB) is the subject of challenge. The petitioner was constituted under an Act of the Tamil Nadu Legislature for the provision of water supply and sewerage in the Greater Chennai area. Pursuant to an inspection, summons was issued to the petitioner in September 2021. The petitioner replied thereto. On account of not being satisfied with such reply, a s...
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ORDER   By this Writ Petition, the petitioner seeks a direction for recredit or refund of the amounts recovered pursuant to assessment orders pertaining to assessment years 2017-2018, 2018-2019 and 2019-2020.   2. Learned counsel for the petitioner submits that the assessment orders were issued on 28.12.2022. By relying on Section 78 of applicable GST enactments, she contends that no recovery measures shall be undertaken by the GST authorities for a period of three months fr...
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RAJESH KUMAR DUBEY vs. UNION OF INDIA AND OTHERS


(Patna High Court | Apr 23, 2024)

JUDGMENT The writ petition is filed against the appellate order dated 09.01.2024 (Annexure-5) which was rejected on the ground of delay. The appeal was filed against Annexure-2, order of cancellation of registration dated 16.08.2019. 2. Admittedly, the appellate remedy was availed with gross delay. 3. Section 107 of the Bihar Goods and Services Tax Act, 2017 (“BGST Act” hereafter) permits an appeal to be filed within three months and also apply for delay condonation wi...
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NIRMITI KENDRA vs. STATE OF KARNATAKA & OTHERS


(Karnataka High Court | Apr 23, 2024)

ORDER PER   The petitioner has approached this Court seeking grant of writ in the nature of certiorari to quash the order dated 30.12.2023 produced as per Annexure-A passed by respondent No. 3. 2. Heard Sri Anilkumar B. learned counsel for the petitioner and Sri P.N. Hatti, learned High Court Government Pleader for respondent Nos. 1 to 3-State. 3. Learned counsel for the petitioner contended that the petitioner has sought for exemption from payment of tax. The same was reject...
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1. The present writ application has been filed, inter alia, challenging the order of cancellation of registration of the petitioner under the WBGST Act, 2017, effected vide notice dated 17th March 2021. 2. It is the petitioner’s case that originally a show cause notice for cancellation of registration of the certificate issued under the WBGST Act was issued on 30th April 2020. The same was served on the petitioner vide an e-mail communication. The ground for issuance of show cause w...
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ORDER HON'BLE SHEKHAR B. SARAF, J. 1. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner is aggrieved by the order dated April 6, 2023 passed by the respondent No.2/Assistant Commissioner, State Tax, Mobile Squad, Unit, Fatehpur and the order dated May 16, 2023 passed by the respondent No.1/Additional Commissioner, Grade-2, (Appeal), Judicial Division-Third, State Tax, Prayagraj. 2. I have heard Mr. Aditya Pandey, counsel appearing on...
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YASH BUILDING MATERIAL vs. STATE OF UP AND OTHERS


(Allahabad High Court | Apr 23, 2024)

ORDER HON'BLE SHEKHAR B. SARAF,J. 1. Heard Sri Pranjal Shukla, learned counsel for the petitioner and the learned Additional Chief Standing Counsel for the State. 2. This is a writ petition under Article 226 of the Constitution of India, wherein the petitioner has challenged the order dated July 7, 2021 passed by respondent No.3/Assistant Commissioner, Sector- 6, Muzaffarnagar and the order passed in appeal dated August 31, 2022 by respondent No.2/Additional Commissioner, Grad...
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LD GOYAL STEELS PVT LTD vs. STATE OF UP AND OTHERS


(Allahabad High Court | Apr 23, 2024)

ORDER HON'BLE SHEKHAR B. SARAF,J. 1. Heard Sri Shubham Agrawal, learned counsel appearing on behalf of the petitioner and Sri Ravi Shankar Pandey, learned Additional Standing Counsel for the State. 2. This is a writ petition under Article 226 of the Constitution of India, wherein the petitioner is aggrieved by the order imposing penalty dated October 28, 2022 and the order in Appeal dated March 5, 2024. 3. Counsel appearing on behalf of the petitioner submits that the e-in...
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