M/s N.H. Lubricants vs State of Rajasthan & Ors.
The petitioner challenged an order reversing input tax credit on the allegation that the supplier was a bogus entity and had not paid tax. The factual background showed that the department relied on investigation reports to reverse ITC and the petitioner invoked writ jurisdiction alleging non-consideration of its reply.
The Court held that the case involved disputed questions of fact regarding genuineness of transactions and existence of the supplier. Such issues cannot be adjudicated in writ jurisdiction. The petition was dismissed with liberty to avail statutory appellate remedy, and directions were issued to consider the appeal on merits if filed within the stipulated period.
Case laws referred:
M/s Apar Fragrances vs Union of India, D.B. Civil Writ Petition No. 19636 of 2023 (Raj.)
Other Case Law
Kundan Singh v. The Superintendent of CGST and Central Excise
Validity of Bail Conditions Requiring Monetary Deposit under the Central Goods and Services Tax Act, 2017
The petitioner, Kundan Singh, was accused of offences under Sections 132(1) (a),...
Read MoreRam Niwas vs Commissioner of Central Goods and Services Tax & Anr. Retrospective cancellation of GST registration
Retrospective cancellation of GST registration
The petitioner challenged retrospective cancellation of GST registration on the ...
Read MoreL & T IHI Consortium vs Union of India & Ors.
GST on advances received under infrastructure contracts and denial of ITC
The petitioner consortium challenged levy of GST on advances received for execut...
Read More