The Division Bench held that issues relating to weight discrepancy and penalty involved disputed questions of fact. The Court ruled that such matters should be decided through the statutory appellate mechanism rather than in writ proceedings.
The case concerned a challenge to a detention and penalty order passed under Section 129(3) of the CGST Act. The High Court refused to interfere, holding that the petitioner had an effective appellate remedy under Section 107.
Allahabad High Court set aside a GST refund rejection after the taxpayer was unable to upload an additional reply on the GST portal. The Court held that the portal must support supplementary replies to ensure proper adjudication and fair hearing.
The Madhya Pradesh High Court refused to entertain the writ petition after finding that the appeal was filed beyond limitation and without the required pre-deposit. The Court held that statutory remedies cannot be bypassed through writ jurisdiction.
The Calcutta High Court declined interim relief against a Section 74 GST notice involving classification of extrusion fried snacks and pellet fried snacks. The Court held that the challenge to the CBIC circular and classification issues required extensive hearing.
The Kerala High Court held that Input Tax Credit could not be denied where the taxpayer filed the return before the cut-off date prescribed under Section 16(5) of the CGST Act. The matter was remanded for reconsideration of ITC eligibility.
The Uttarakhand High Court allowed a fresh revocation application after noting that GST registration was cancelled for non-filing of returns, but revocation was rejected on a different ground. The Court directed reconsideration upon filing pending returns and payment of dues.
The Punjab and Haryana High Court held that preferential location charges for flats form part of construction services and cannot be taxed separately. The Court quashed earlier advance ruling orders after relying on the GST Council recommendation and government clarification.
The Calcutta High Court held that reassessment proceedings violated principles of natural justice since the assessee was not provided an opportunity of personal hearing before passing the order under Section 148A(d).
Telangana High Court declined to examine the GST rate dispute in writ jurisdiction, holding that the matter required factual scrutiny of agreements and notifications. The petitioner was directed to pursue the statutory appellate remedy under Section 107.
