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The Supreme Court has upheld the imposition of a 100% GST penalty for wilful suppression of facts arising from the non-filing of monthly GST returns. The Andhra Pradesh High Court previously affirmed the penalty under Section 74 of the CGST Act, finding that failure to file mandatory returns and pay GST constituted wilful suppression with […]
The Supreme Court has stated that an activity which concerns the transfer of title in immovable property by way of sale could not be treated as a “service” under the Finance Act, 1994. Therefore, such transactions are not within the ambit of service tax. A judgment was delivered by a bench of Justices J.B. Pardiwala […]
The Supreme Court, without a valid cause, the Goods and Service Tax (GST) refund from the cash ledger cannot be withheld. The Union of India’s challenge against a Delhi High Court ruling has been dismissed by a bench comprising Justice Sudhanshu Dhulia and Justice Joymalya Bagchi, which quashed the order of the GST authority staying […]
In a recent case, the Supreme Court dismissed the Special Leave Petition(SLP) against the GST ( Goods and Services Tax ) order quashing the action of negative blocking on the Electronic Credit Ledger [‘ECL’]. A two-judge bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan acknowledged SLP originated from the final judgment and order […]
Without proving fraud, the 100% Goods Service Tax (GST) penalty cannot be levied, the Supreme Court ruled and asked the High Court to rehear the case. The order of the Andhra Pradesh High Court has been set aside by the bench of Justice B.V. Nagarathna and Justice K.V. Viswanathan, dismissing a review application filed by […]
The Supreme Court, in a relief to Indian airlines such as IndiGo and SpiceJet, dismissed an appeal by the Customs Department seeking to levy Integrated Goods and Services Tax (IGST) on re-imported aircraft and spare parts that had been sent abroad for repairs. The tax demand was based on a 2021 notification attempting to retrospectively […]
The Apex Court expressed disapproval of the practice wherein parties obtain anticipatory or regular bail orders from courts after voluntarily proposing to deposit certain amounts, but later renege on their statements and approach higher courts, claiming that the condition imposed while granting bail was onerous or that the counsel concerned lacked the authority to make […]
In the country, there would be implications for the businesses, the Supreme Court kept a Gujarat High Court decision that permits the companies to makes obligatory 10% pre-deposit through the Electronic Credit Ledger (ECL), which includes accumulated input tax credit (ITC), for filing an appeal under the Goods and Services Tax law. In the case […]
The Supreme Court recently showed surprise at the decisions made by both the High Court and the Magistrate Court to deny bail to a person accused of breaking rules related to the Central Goods and Services Tax Act. Bail is granted normally in these cases, the court said. The offences alleged against the appellant were […]
