Cyan International vs. Assistant Commissioner

WP(C)/35797/2022HC KeralaGSTCNR KLHC01076704202228 June 2024Bench: HONOURABLE MR. JUSTICE D. K. SINGH44 pages
AI SummaryCannot be determined

Held

The provided text only contains the case details, parties, and a list of exhibits for several connected writ petitions. The actual judgment content, including the court's reasoning and decision, is not present in the provided document.

Facts

Multiple petitioners challenged the disallowance of Input Tax Credit (ITC) by tax authorities, often based on alleged discrepancies between their GSTR-3B returns, e-way bills, and tax invoices. The proceedings involved notices like GST DRC-01A, GST ASMT-10, and show cause notices under Section 74 of the GST Act.

Key Issues

The primary legal issue appears to be the validity of Input Tax Credit (ITC) disallowance by tax authorities and the procedural correctness of the notices and proceedings initiated against the petitioners under the GST regime.

Sections Cited

Section 74, Notification No.13/2017-Central Tax, Circular No.123/42/2019-GST

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946 WP(C) NO. 28287 OF 2019 PETITIONER/S:

LIZ ENTERPRISES, 9/431-9/432, SKYLAND, PUTHIYA ROAD, KAVUMBHAGAM P.O., THALASSERY, KANNUR- 670110, REPRESENTED BY ITS MANAGING PARTNER JOYE E.M.

BY ADVS. K.P.PRADEEP SRI.SANAND RAMAKRISHNAN SMT.NEENA ARIMBOOR SRI.T.T.BIJU SMT.T.THASMI

RESPONDENT/S:

1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY (TAXES), GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM- 695001. 2 COMMISSIONER OF KERALA STATE GST, KERALA STATE GST DEPARTMENT, TAX TOWERS, KILLIPALAM, KARAMANA P.O., THIRUVANANTHAPURAM- 695002. 3 STATE TAX OFFICER-1, KERALA STATE GOODS AND SERVICE TAX DEPARTMENT, SECOND CIRCLE, MAREENA COMPLEX, CHIRAKKARA, THALASSERY P.O., KANNUR- 670104. 4 GOODS AND SERVICE TAX COUNCIL, GOVERNMENT OF INDIA, OFFICE OF THE GST COUNCIL SECRETARIAT, 5TH FLOOR, TOWER II, JEEVAN BHARTI BUILDING, JANPATH ROAD, CONNAUGHT PLACE, NEW DELHI- 110001, REPRESENTED BY ITS ADDITIONAL SECRETARY. 5 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, N

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