Telangana High Court
High Courts
Rulings of the High Court of Telangana, newest first.
5 rulings found
Telangana High Court
As discrepancy between order-in-original and DRC-07 summary was rectified during writ proceedings, petitioner was relegated to statutory appeal; liberty was granted to file appeal with delay-condonation application and pre-deposit within two weeks, raising all factual and legal grounds, subject to appellate authority’s satisfaction on delay
Telangana High Court
Where petitioner challenged denial of ITC and garnishee notices via writs citing belated GSTR filings, non- hearing, and retrospective ITC amendment, remedy lay in filing statutory appeals with pre-deposit and delay- condonation plea, appellate authority was to consider delay and decide on merits, all legal and factual grounds reserved for appellate adjudication
Telangana High Court
Where petitioner challenged SCN and OIO on ground that a gap of six-months between SCN and OIO was not maintained and also there was violation of earlier liberty to file reply, maintaining a gap of six-month period was merely directory; since repeated opportunities for reply and hearing were given, and OIO was passed within limitation period, challenge on account of not maintaining time gap did not vitiate proceedings. GST: Where petitioner alleged denial of effective hearing as order was issued within five days of last hearing, since records showed multiple notices, repeated reminders, a videographed hearing, and supply of seized records, there was substantial compliance with statutory hearing requirements; no prejudice being caused from a shorter gap, making statutory appeal instead of filing writ was proper remedy. GST: Where petitioner challenged OIO and SCN by filing writ petition despite Supreme Court's order relegating to statutory appeal with pre-deposit, since no exceptional ground was established, adequate opportunity was given, OIO was within limitation, and time-limit plea was not raised earlier, writ petition was not entertainable; lliberty was to be given to pursue statutory appellate remedy
Telangana High Court
Where SEZ unit's refund claim under zero-rated supply provisions for IGST paid on group health insurance services was rejected and petitioner challenged same via writ, since questions on whether claim fell outside zero-rated supply or was simpliciter refund required consideration by appellate authority, writ was not to be entertained and petitioner was permitted to pursue statutory appeal
Telangana High Court
Where petitioner challenged IGST demand on export supplies under Notification 41/2017-IGST (Rate) alleging violation of natural justice and non-consideration of documents, since appellate authority duly considered materials but found insufficient invoice-wise correlation, and no breach of natural justice, jurisdictional error, or mala fides was established, writ remedy could not be entertained and statutory appeal before GSTAT was proper course