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The Gujarat High Court, in an order issued a notice on a petition contesting the constitutional validity of the second and third provisions of Section 16(2) of the GST Act, which require the reversal of GST ITC when payment to the supplier is not filed within 180 days. The applicant, Priya Blue Industries Pvt Ltd, […]
Buyers no longer need to reverse their input tax credit (ITC) when a supplier issues a post-sale financial or commercial credit note. The Central Board of Indirect Taxes and Customs (CBIC) has clarified that even if payments are made at a discount, the buyer can retain the ITC. This provides significant relief for businesses and […]
The Gujarat High Court has decided to look into a case involving Eris Lifesciences Ltd., a pharmaceutical company. The company is challenging a demand that requires them to give back tax credits related to returned and expired medicines. The notice has been issued by the bench of Justice Bhargav D. Karia and Justice Pranav Trivedi […]
The Madras High Court has annulled the order requiring the reversal of input tax credit (ITC) against a sole proprietor. The court has instructed the GST authorities to process any applicable refunds for amounts that have already been collected. The department reversed the input tax credit of the applicant, Rajkumar Josephshine, citing a limitation u/s […]
The Delhi High Court noted that a GST demand raised against a taxpayer regarding availing of ITC and the utilisation case prima facie includes a double demand. The applicant has been furnished with the freedom by a division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta to approach the Appellate Authority against such […]
The Madras High Court dismissed a plea by M/s. Tuskers Associates, a Chennai-based partnership firm, but allowing them to appeal a GST assessment order with a 15% pre-deposit of the disputed tax. The case is related to the notice that was furnished dated August 29, 2024, by a tax official from the Velachery Assessment Circle. […]
The Central Board of Indirect Taxes and Customs (CBIC) via Circular No. 240/34/2024-GST mentioned that electronic commerce operators (“ECOs”) are mandated to pay tax u/s 9(5) of the Central Goods and Services Tax Act, 2017 (“CGST Act”) are not needed to reverse input tax credit (ITC) concerning the supply of restaurant services through their platform. […]
The Madras High Court has forgiven a one-day delay in filing the 3B return form and set aside the ITC reversal notice issued via the Goods and Services Tax (GST) department. It was noted by the court that the one-day delay required consideration. The bench of Justice Krishnan Ramasamy discovered that the applicant’s delay was […]
A petition filed by a firm against the penalty, interest levied on it, and reversal of ITC on inward supplies of goods by non-existent firms has been dismissed by the Allahabad High Court. The passed order of the additional commissioner in the same concern has been carried by the court. The court witnessed that the […]
