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In India, Input Tax Credit (ITC) is a crucial part of the Goods and Services Tax (GST) system. It allows businesses to reduce their tax liability on purchases by claiming credit for taxes already paid. However, businesses often encounter issues due to discrepancies between the ITC reported in GSTR-3B (the monthly summary return) and the […]
Consolidated show cause notice u/s 74 of the CGST is allowable and required to find out the fake claim of the ITC for the period, Delhi High Court ruled. A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta said that, “The nature of ITC is such that fraudulent utilization and availment of […]
In a development concerning GST compliance and judicial remedies, a writ petition filed by M/s Nikitha Traders, challenging a demand and penalty order issued by the Central Goods and Services Tax (CGST) authorities, has been dismissed by the Madurai Bench of the Madras High Court. The court recommended appellant pursue the available statutory appellate route, […]
A batch of Special Leave Petitions filed by the Assistant Commissioner of Central Taxes has been dismissed by the Supreme Court of India, refusing to interfere with the Andhra Pradesh High Court’s decision, which clarified the availability of GST ITC refunds in cases of mismatches in the tax credit ledger. The applicant, Gemini Edibles and […]
A demand of Rs 14.08 crore from the GST authority in Punjab has been received by Bajaj Electricals for an alleged mismatch in input tax credit (ITC) claimed by it, the company cited. On February 20, 2025, the company received an assessment order from the office of the Assistant Commissioner, Mohali, Punjab alleging obligation on […]
The Madras High Court in a judgment for the mismatch in the ITC claim under Form GSTR-3B and auto-populated GSTR-2A asked the applicant to file the 10% of the disputed tax amount while passing an order for re-adjudication by the tax authorities based on new material. The Nilgiri Dairy Farm P.Limited, (Nilgiri) submitted a Writ […]
The demand has been quashed by the Madras HC concerning the input tax credit (ITC) mismatch as the department still needs to consider certificates obtained by buyers. The bench of Justice Senthilkumar Ramamoorthy witnessed that important records, like the supplier’s and the chartered accountant’s certificates, were not considered in the issuance of the demand order. […]
The GSTN furnished an Advisory No. 614 on November 14, 2023, for Online Compliance about ITC mismatch – GST DRC-01C. It is stated that GSTN has been made a utility for the operation to generate automated intimation in Form GST DRC-01C that drives the assessees to elaborate on the difference in the ITC available in […]
For the case of the same errors, the Karnataka High court ruled that the circular for the mismatch of the ITC would be applied for 2019-20. It is mentioned by the single bench of Justice S.R. Kumar “Though the Circular refers only to the years 2017–18 and 2018–19, since there are identical errors committed by […]
