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The petitioner has approached this Court aggrieved by Ext.P3 notice which indicates that interest amounts will be demanded from him for delayed payment of GST. Although various contentions are raised in this writ petition in its challenge against the notice, I am of the view that the petitioner should be relegated to the alternate remedy of filing his objections to Ext.P3 notice, and getting the same adjudicated before the adjudicating authority, before approaching this Court in a challenge a...
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The petitioner has approached this Court aggrieved by the detention of a consignment of construction equipments, that was being transported at his instance. On a perusal of Ext.P7 notice it is seen that the objection of the 1 st respondent is essentially with regard to the documents that had to accompany the transportation of the goods. It is the specific case of the 1 st respondent that the documents did not reflect the transaction covered by the transportation that was apprehended. On a per...
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Crl. M. A. No. 10952/2020 1. The hearing has been conducted through Video Conferencing. 2. On 16.03.2020 while disposing of this petition, following order was passed:- “The learned counsel for the Department says as of today the total GST liability of the petitioner qua Delhi is about ₹ 11.5 crores and for PAN India’s is ₹ 59.24 crores approximately. The learned senior counsel for the petitioner says there are 35,000 person on the rolls of the petitioner concern an...
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The petitioner has approached this Court impugning Ext.P2 series of demand cum recovery notices issued to him under the GST Act. It would appear that Ext.P2 series of demand notices were issued to the petitioner, pursuant to assessment orders that were passed as early as on 25.11.2019 and 27.11.2019 respectively, for the assessment period April 2018 and May 2018 to May 2019. It is the case of the petitioner that the assessment orders were not served on him but, immediately on receipt of the d...
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M/S. FORMATIVE TEX FAB vs. STATE OF GUJARAT


(Gujarat High Court | Aug 20, 2020)

1. By this writ application under Article 226 of the Constitution of India, the writ applicant, a businessman, has prayed for the following reliefs: “a) to quash and to set-aside Form DRC 1A dated 23.07.2020 issued by respondent no 4; b) to quash and set-aside the impugned provisional attachment order i.e. Form GST DRC-22, for both the premises i.e. for factory premises and residential premises issued in Form GST DRC 22 dated 24.07.2020 by respondent no 4. c) Pending admissi...
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SH. ASHOK KHATRI vs. M/S. S3 INFRAREALITY PVT. LTD.


(National Anti Profiteering Authority | Aug 19, 2020)

1. The brief facts of the present case are that the Applicant No. 2 (here-in-after referred to as the DGAP) vide his Report dated 28.11.2018, furnished to this Authority under Rule 129 (6) of the Central Goods & Services Tax (CGST) Rules, 2017, had submitted that he had conducted an investigation on the complaint of the Applicant No. 1 and found that the Respondent had not passed on the benefit of additional Input tax Credit (ITC) to the above Applicant as well as other home buyers who ha...
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SHRI DIWAKAR BANSAL vs. M/S. HORIZON PROJECTS PVT. LTD.


(National Anti Profiteering Authority | Aug 19, 2020)

1. The brief facts of the present case are that the Applicant No. 2 (here- in-after referred to as the DGAP) vide his Report dated 10.12.2018, furnished to this Authority under Rule 129 (6) of the Central Goods & Services Tax (CGST) Rules, 2017, had submitted that he had conducted an investigation on the complaint of the Applicant No. 1 and found that the Respondent had not passed on the benefit of Input Tax Credit in respect of the flat purchased by him in the “Runwal My City&rdquo...
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MS. PALLAVI GULATI AND SH. ABHIMANYU GULATI vs. PURI CONSTRUCTIONS PVT. LTD


(National Anti Profiteering Authority | Aug 19, 2020)

1. The brief facts of the present case are that the Applicant No. 2 (here- in-after referred to as the DGAP) vide his Report dated 27.08.2018, furnished to this Authority under Rule 129 (6) of the Central Goods & Services Tax (CGST) Rules, 2017, had submitted that he had conducted an investigation on the complaint of the Applicant No. 1 and found that the Respondent had not passed on the benefit of Input Tax Credit in respect of the flat purchased by her in the “Anand Vilas” p...
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The petitioner has approached this Court aggrieved by Ext.P11 order passed against him under the GST Act and Rules. In the writ petition, it is the case of the petitioner that before passing Ext.P11 order he was not afforded an adequate opportunity of hearing or an opportunity to respond to the show cause notice, which is mandated as per the Rules. 2. I have heard the learned counsel appearing for the petitioner as also the learned Government Pleader for the respondents. The learned G...
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The petitioner has approached this Court aggrieved by Exts.P6 and P7 detention notices issued to him by the 1st respondent detaining a consignment of used generators that was being transported at his instance. 2. On a perusal of Exts.P6 and P7 detention notices it is seen that the reason for detention was the non-mention of the IGST payable in the e-way bill that accompanied the transportation of the goods. It is the contention of the learned counsel for the petitioner that as per Rule 13...
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