Shiva Structures Pvt. Ltd. Vs Union of India

Date: October 8, 2024

Court: High Court
Bench: Bombay
Type: Writ Petition
Judge(s)/Member(s): MANGESH S. PATIL & SHAILESH P. BRAHME
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Subject Matter

Pre-Adjudication Tax Deposit Made Under Coercion Must Be Refunded with Interest

Search, Seizure and DetentionAdjudication

Summary

The writ petition is partly allowed , directing the GST authorities to refund Rs. 3,00,00,000/- to the petitioner. The Court held that the payment made by the petitioner before the adjudication of tax liability, especially on the day revenue official…

FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT Petitioner company has been duly registered with and allotted a GSTIN number. 2. Officers of the CGST visited the petitioner’s premises to carry out investigation / enquiry on the basis of specific intelligence. The petitioner is stated to have agreed for short payment of the GST to the tune of Rs. 4,47,53,244/-. The very day it paid Rs.3,00,00,…

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