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The Delhi High Court ruled in an important decision to finalise an audit report without duly considering the reply of the taxpayer breaches the mandate of Rule 101(4) of the Central Goods and Services Tax (CGST) Rules, 2017. Towards the rule, the court delivers clarity. The applicant, Dhruv Medicos Pvt Ltd., is in the business […]
The Gauhati High Court has kept the constitutional validity of CGST Rule 36(4). The provision specifies documentary needs and conditions for a registered person claiming input tax credit (ITC). It was noted by the division bench of Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair that the provision was legislated based on the […]
Through GST Notification No. 07/2025 – Central Tax, dated January 23, 2025, The Ministry of Finance, has announced the changes to the Central Goods and Services Tax (CGST) Rules, 2017. The introduction of Rule 16A is among the prominent updates that ease the issuance of a Temporary Identification Number (TIN) to persons who do not […]
It was cited by the Bombay High Court that the rejection of the refund order has passed without hearing the chance that breaches rule 92(3) of CGST Rules, 2017 and principles of natural justice. The Bench of Justices M. S. Sonak and Jitendra Jain marked that “……in any event, proviso to Rule 92(3) of the […]
The Central Board of Indirect Taxes and Customs (CBIC) on October 8, 2024, via GST Notification No. 20/2024 – Central Tax, introduced Rule 47A into the Central Goods and Services Tax (CGST) Rules, 2017. The very revision will come into force from 1st November 2024 and obligates a strict duration to issue the tax invoices […]
On July 10, 2024, the Central Board of Indirect Taxes and Customs (CBIC) issued Notification No. 12/2024 – Central Tax, to further revise Rule 142 of the CGST Rules. The same revision would be effective from July 10, 2024, which mentions the process of managing the voluntary tax payments that the registered taxpayers made and […]
The High Court of Kerala at Ernakulam has dismissed two writ appeals challenging the constitutional validity of specific provisions under the Central Goods and Services Tax (Central GST) Act and Rules. The pleas were filed by two businessmen, Nahasshukoor, proprietor of M/s N. S. Metals, and Ansil Ibrahim, proprietor of M/s Light House, both located […]
In the case of M/s. Caterpillar India Pvt. Ltd. v. The Assistant Commissioner Chennai [WP No. 28092 of 2023 dated September 25, 2023], the Madras High Court granted the writ petition, affirming that recovery based solely on variations between Form GSTR-1 and Form GSTR-3B is impermissible without adherence to the prerequisites outlined in Rule 88C […]
Jharkhand High Court held that the explanation inserted in Rule 89(4) of the CGST Rules, 2017, via Notification No. 14/2022-Central Tax on 05.07.2022, does not count as a clarificatory nature and therefore will be applied prospectively. The aforementioned decision was made following a legal petition. The petitioner’s GST refund claim had been denied because there […]
