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In a recent decision, the Patna High Court declared that the pre-deposit for upholding an appeal following Section 107(6)(b) of the CGST/SGST Act can only be made using funds from the Electronic Cash Ledger, not the Electronic Credit Ledger. The division panel, consisting of Justices Madhuresh Prasad and Chakradhari Sharan Singh, concluded that the pre-deposit […]
The Allahabad bench of Customs, Excise & Service Tax Appellate Tribunal (CESTAT) ruled that the mandatory deposit under section 35F of the Central Excise Act, 1944 would not able to incur debit in an electronic credit ledger under GST. The petitioner, M/s Johnson Mathey Chemical India Pvt. Ltd questioned the Order-in-Appeal on January 25, 2022, […]
The Kerala High Court dismissed the petition on the problem of Claim of Transitional Credit as the taxpayer could claim the legal Remedy under the Kerala State Goods and Service Tax ( KSGST/CGST ) Act, 2017 Mr Shameem Ahamed appeared for the petitioner, Ms Jasmine M. M., Government Pleader for the 1st respondent and Mr […]
The High Court of Andhra Pradesh has rejected the Writ Petition filed by an assessee opposing the rejection of the GST input tax credit (ITC) claim made manually instead of electronically submitting Form GST ITC 02. The court noted that the taxpayer did not provide evidence to the respondent even after being given an opportunity. […]
The Punjab and Haryana High Court, in the matter of M/s. Deepak Sales Corporation v. Union of India [CWP No. 283 of 2023 dated September 21, 2023], has passed a writ petition appeal. The court ruled that the demand for interest and fine cannot be sustained if the inaccurately claimed credit is reversed and the […]
Through the common GST portal, the (Goods and Services Tax Network) GSTN issued Advisory No. 601 on August 31, 2023, concerning the introduction of an Electronic Credit Reversal and Re-claimed statement. The government has released the notification about the changes to form GSTR-3B, specifically Table 4, to ensure accurate reporting of Input Tax Credit (ITC) […]
The Orissa High Court in a recent judgement ruled that a pre-deposit under GST appeal could be incurred via Electronic Cash Ledger (ECL). The Petitioner, Kiran Motors urged to set aside the order dated 31.03.2023 passed by the Addl. Commissioner of Central Tax (CT) & Goods and Service Tax(GST) is that the appellate authority denied […]
The allegations of claiming the bogus credit could not be the basis for refusing the applications for the refund held by the Delhi High court until the same would be accomplished that the applicant does not obtain the goods or paid for them. The applicant is qualified for the GST ITC refund on the goods […]
According to the Delhi High Court, requests for Input Tax Credit (ITC) returns cannot be refused based only on suspicion and without any supporting documentation. The department was given the go-ahead to start processing reimbursement of Rs. 72,03,961/- based on the goods sent by the petitioner by the division bench of Justices Vibhu Bakhru and […]
