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The Kerala High Court, in a ruling, held that input tax credit for FY 2019–20 cannot be rejected on the ground of late filing of GST returns if the return was filed before the cut-off date of 30 November 2021, as stipulated under Section 16(5) of the Central Goods and Services Tax Act (CGST). The […]
The Andhra Pradesh High Court dismissed a writ petition challenging a GST assessment order due to an inordinate and unexplained one-year delay. The court also upheld that notices uploaded on the GST portal constitute valid service under the law. AR Steels, the applicant, submitted the writ petition seeking the assessment order passed from December 2021 […]
The Gujarat High Court recently issued a ruling in which it dismissed a writ petition that challenged the cancellation of GST registration. The court also upheld the rejection of a statutory appeal that was filed after the deadline. This decision highlights the importance of timely submissions in legal procedures related to GST matters. Ravi Plumbing […]
The Punjab and Haryana High Court has provided interim relief in a case that questions the imposition of Goods and Services Tax (GST) on corporate guarantees. This decision has temporarily prevented any coercive measures from being taken against the petitioner involved in the case. Asking for relief, Panacea Biotec approached the High Court. The applicant’s […]
The Madras High Court recently issued a ruling directing a forensic examination of the records relevant to several writ petitions that contested GST assessment orders. Additionally, the court ordered the applicant to make a pre-deposit of ₹30 lakh, after which the attachment on the applicant’s bank account will be lifted. The K. N Raj Construction […]
The Calcutta High Court has overturned both the GST appellate order and the original adjudication order under the GST Act. The court determined that the authorities did not adequately review the return data available on the portal, which they deemed a significant failure to discharge their responsibilities. Justice Om Narayan Rai said that although the […]
The petitioner, Anil Kumar, the proprietor of N.S. Super Mart contested a Show Cause Notice (SCN) on December 15, 2023. Subsequently, an order-in-original was issued on April 3, 2024, under the Delhi GST law. The GST SCN proposed a tax demand of ₹10.91 lakh, citing alleged excess Input Tax Credit (ITC) due to discrepancies between […]
The Karnataka High Court, specifically the Dharwad Bench, has overturned a GST demand order that exceeded Rs 7.23 crore. The court found that the tax department did not follow the necessary procedure of giving a personal hearing to the affected party before issuing an unfavourable decision. The bench of Justice Lalitha Kanneganti said that Section […]
The Orissa High Court, in a ruling, quashed a GST assessment order passed against an unregistered contractor after finding that the proceedings were initiated due to confusion arising from identical names and erroneous reliance on data from the Works and Accounts Management Information System (WAMIS) and the Income Tax portals. The applicant, Srikant Das, was […]
