GLAXOSMITHKLINE PHARMACEUTICALS LTD I Board Meeting Scheduled

IEX Update I News Article

Jio Financial Services I News Article

Vedanta Update I News Article

The present Petition has been filed against the Order by which the appellate authority rejected the appeal preferred by the petitioner, having observed that the Principal Supplier of the present petition had failed to upload the bills during the period under appeal, though the petitioner-appellant claimed ITC during that period which is not permissible as per the provision of the GST Act 2017. This court is of the view that rather than this Court exercising jurisdiction under Article 226 of Constitution of India, to examine this issue which involves the ascertainment of facts, it would be more appropriate to direct the appellate authority to re-examine the same for which the petitioner may file the necessary documents and explain before the appellate authority that the Principal Supplier had indeed uploaded the bills showing payment of GST so that the petitioner-appellant can claim ITC and other benefits under the law.

Advisory: Date extension for reporting opening balance for ITC reversal

Advisory on the functionalities available on the portal for the GTA taxpayers:

The challenge in this writ petition is to the show cause notice issued by the respondent for the financial year 2018-19 as also to the entire proceedings undertaken by the respondents under Section 74 of CGST Act. The challenge laid to the impugned show cause notice is on the ground that the mandatory provision of Rule 142 (1) (a) of the CGST Rules, 2017 have not been followed inasmuch as, the notice is not in the prescribed format FORM GST DRC-01 as provided under the aforesaid rule and also violates the requirement of issuing the summary in FORM GST DRC-02 and details of tax interest and penalty as ascertained in FORM GST DRC-01A. This court deem it appropriate to dispose of the writ petition by requiring the petitioner to file objections to the show cause notice.

The Special Leave Petition is disposed of permitting the petitioner herein to file an appeal.

This court allows the instant petition and directs that the petitioner be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate and the FIR in the present case is maintainable or not, shall be adjudicated by the Trial Court during the course of trial.

This writ appeal is directed against the order passed by the learned Judge which ended in dismissal on 12.12.2022 on the ground of limitation. Considering the copy of the notification No.53/2023-CENTRAL TAX dated 02.11.2023 produced, this court grants liberty to the appellant to approach the appellant authority for filing necessary appeal. Accordingly, this writ appeal stands disposed of.

This Court directed the respondents to forward the petitioner’s application to the concerned authority and directed the concerned authority to verify the correctness of the claim made and if satisfied, the authority shall grant the relief sought in the writ petition. Accordingly the petition is disposed of.