The work being undertaken by the applicant as a sub-contractor for conversion of Short Welded Rails (“SWR”) to Long Welded Rails (“LWR”) by Flash Butt Welding process on the railway tracks along with supply of labour services shall be treated as composite supply of services falling under Tariff 995429 and shall be taxable @ 18% vide serial number 3(xii) of Notification No. 11/2017-Central Tax (Rate) dated 28.06.2017.

The petitioner is aggrieved by cancellation of the registration of the petitioner-firm under the provisions of the Uttar Pradesh Goods and Services Tax Act, 2017 and the coercive action sought to be taken against the petitioner as a result of cancellation of the registration. Since in the instant case, the show cause notice does not mention the date and time appointed for personal hearing, therefore, in our opinion, the proceedings held in pursuance thereof are rendered illegal, void and a nullity in the eyes of law. Resultantly, the impugned order is hereby quashed.

This is a petition challenging the order confirming cancellation of registration certificate under the GST Act. It is cancelled on the ground that the petitioner did not remain present even though, admittedly, the petitioner submitted the reply and no opportunity of hearing was given. In absence of any intimating during the spot visit, if it was difficult for him to remain present because of the shift in the office, the cancellation of registration with the retrospective date is fully impermissible. The petition is allowed, quashing and setting aside the order canceling registration certificate of the petitioner and the registration certificate of the petitioner is thereby restored

By its very nature, provisional attachment cannot be for an indefinite period. Such provisional attachment orders cannot therefore be allowed to continue beyond the period prescribed under the statute. Consequently, provisional attachment orders passed by respondent set aside and quashed.

The petitioner under Article 226 of the Constitution of India, seeks to quash and set aside the order passed under section 73 of the CGST Act whereby the demand is raised for mismatch of ITC between GSTR 2A vs GSTR 3B of the GST Act. This court is allowing this petition permitting him to go to the appellate authority, which shall without taking an objection with regard to the limitation, decide this matter on merits.

Supply of services for right to use of car parking space is a separate supply and not to be construed as a composite supply of construction of residential apartment services. In the instant case, supply of services for right to use of car parking space would be taxable @ 18%.

By way of the present petition under Article 226 of the Constitution of India, the petitioner seeks the direction upon the respondent authority to lift the attachment on Bank Accounts. There are no proceedings under any Acts pending and therefore, the very order of attachment under section 83, is contrary to the law. Let the scrutiny be completed by 11/01/2023. The matter shall be heard on that day finally.

1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.

Mr. Boudhayan Bhattacharyya, Adv. Mr. Anup Kumar Bhattacharjee, Adv. Ms. Stuti Bansal, Adv. for the Petitioner.

The petitioner has approached this Court being aggrieved by the cancellation of registration granted to the petitioner under the provisions of the CGST Act. This court is of the view that this writ petition is liable to be allowed.

The work done by the applicant (NHAI) in shifting the transmission lines for the widening of road under the supervision of MVVNL does not comes under the definition of supply as per section 15(2)(b) of CGST Act, 2017.

The petitioner seeks to challenge the cancellation of registration. This petition is allowed on the ground of principle of natural justice. This court quashed and set aside the show cause notice and the order of cancellation of registration with consequential order with a liberty to the respondent to issue a fresh notice with particulars of reasons.