The order of cancellation of registration of the petitioner is hereby quashed and set aside. The registration of the petitioner is restored forthwith.

The Petitioner before this Court seeks a direction to the Opposite Parties to permit the Petitioner to rectify the GST Return filed for the period September, 2017 and March 2018 in Form-B2B instead of B2C as was wrongly filed under GSTR-1 in order to get the Input Tax Credit (ITC) benefit by M/s. Odisha Construction Corporation Limited (OCCL), the principal contractor. The Court permits the Petitioner to resubmit the corrected Form-B2B under GSTR-1 for the aforementioned periods September 2017 and March, 2018, and to enable the Petitioner to do so a direction is issued to the Opposite Parties to receive it manually

The core issue that arises for consideration in this writ petition is whether the transaction of supply of manpower by the petitioner to a company in Rajasthan is an inter-state transaction taxable as CGST+RGST, or it is an intra-state transaction liable to be taxed as IGST. The issue of inter-state transaction/intra-state transaction is a legal issue, though depending upon the facts of the case and as such, requires deeper consideration. List this petition for admission/final disposal after six weeks.

The petitioner has approached this Court challenging an order issued by the respondent under Section 73 of the CGST/SGST Acts. This court is of the view that the petitioner has not made out any case for interference under Article 226 of the Constitution of India as I cannot find that the impugned orders are issued without jurisdiction. The writ petition fails. It is accordingly dismissed.

The bail application filed under Sec.439 Cr.P.C. is allowed.

The petitioner is a partnership firm. It is a registered dealer under the erstwhile TNVAT Act. Proceedings were initiated owing to alleged difference in GSTR 1 & 3B on one side and GSTR 3B & 2A on the other. Captioned Writ Petition is disposed of as allowed albeit making it clear that if the respondents are to initiate proceedings afresh, it is open to the respondents to do so and all the rights and contentions of both sides are preserved if proceedings are initiated afresh by the respondents.

The petitioner has filed the present petition impugning an order dated 23.05.2022 (hereafter ‘the impugned order’) canceling the petitioner’s GST registration with effect from 05.03.2018. The said order was passed pursuant to a Show Cause Notice dated 19.05.2022 (hereafter ‘the SCN’).

The learned counsel for the respondent accepts notice.

The petitioner has filed the instant case challenging the order which has been passed without providing any reasons. In the instant case, the impugned order does not reflect the reasons for passing of the impugned order rejecting the Trans-1 credit and for imposition of a huge amount of tax, interest, and penalty against the petitioner, the impugned order is accordingly set aside and the matter is remanded back to the respondent authorities to issue a fresh proceeding in accordance with law.

By this writ petition petitioner has challenged the impugned order passed by the Appellate Authority under relevant provision of West Bengal Goods and Services Tax Act and Rules, 2017. This is not a case where any violation of principles of natural justice has been committed or any procedural irregularity has been committed by the authority in passing the impugned order or violation of any specific statutory provision of law has been committed by the Appellate Authority concerned in passing the impugned order. Accordingly this writ petition is dismissed.

Not only the order is non-speaking, but cryptic in nature and the reason of cancellation not decipherable therefrom. Principles of natural justice stand violated and the order needs to be quashed as it entails penal and pecuniary consequences

The order, ex parte in nature, passed in violation of the principles of natural justice, entails civil consequences.