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Search results for: input tax credit

Paying GST Twice Due to Return Filing Errors

Suppliers’ Errors in GST Filing Result in Most Companies Paying Tax Twice

Real businesses are suffering despite the taxmen busting the networks of bogus entities and fake ITC claims that proceeds with hundreds of crores of rupees. Between the filings of the buyer and seller, the GST data mismatch restricts the buyers to claim the input tax credit. ITC stands for Input Tax Credit, a credit for […]

Allahabad HC's Order for M/s Tikona Infinet Private Limited

HC: Justifiable to Claim GST Credit Via GSTR-3B as ITC-02 Was Not Running on Portal

The Hon’ble Allahabad High Court in M/s Tikona Infinet Private Limited v. State of U.P. [Writ Tax No. 859 of 2023 dated July 25, 2023] set aside the need raised on the basis that the taxpayer rather than passing the Input Tax Credit (“ITC”) via Form GST ITC-02 transferred ITC through Form GSTR-3B and contained […]

Telangana GST AAR's Order for Sai Service Pvt. Limited

Telangana AAR: No GST Credit Available on Test Drive Vehicles When Included as Replacement Vehicles

The Authority of Advance Ruling (AAR), the Telangana branch has ruled that there will not be any ITC available on test-drive vehicles when kept in a workshop as a replacement vehicle. The two-member bench comprising S.V. Kasi Visweswara Rao and Sahil Inamdar has noted that the applicability of Input Tax Credit (ITC) relies on the […]

Calcutta HC's Order for Suncraft Energy Private Ltd

Calcutta HC: GST Credit Can’t Refused Due to GSTR-2A and 3B Mismatch Without Investigation

The Calcutta High Court in a landmark judgment stated that ITC under GST could not get refused over the mismatch in GSTR-2A and GSTR-3B without any investigation into the supplier. The decision offers significant relief to businesses that have received demand letters because a supplier failed to disclose or pay taxes. If the seller doesn’t […]

AP HC's Orders for Thirumalakonda Plywoods

AP HC: GSTR-3B Late Filing Can’t Delay GST Credit Claiming Process U/S 16(4)

The High Court of Andhra Pradesh for the case of Thirumalakonda Plywoods Vs. The Assistant Commissioner would incorporate three crucial observations: (i) Point No.1: The time limit specified to claim input tax credit (ITC) U/s 16(4) of APGST Act/CGST Act, 2017 is not violative of Articles 14, 19(1)(g) and 300-A of the Constitution of India. […]

Gujarat GST AAR's Order for M/s. Tata Autocomp Systems Ltd.

Gujarat AAR: Employer Can Claim GST Tax Credit on Services of Non-AC Buses to Employees

The Gujarat bench of the Authority for Advance Ruling (AAR) has ruled that an employer can claim Input Tax Credit (ITC) on the Goods and Services Tax (GST) paid for Non-AC Bus Transport Services provided to their employees by Transport Service Providers (TSPs) employing buses with a capacity of more than 13 seats. The judgment […]

Insurers Under IT Dept Radar for Claiming Fake GST ITC

IT Dept Starts Investigation of Insurers for Claiming Fake GST Credit

According to a top government official, the income tax department has initiated an investigation into the claim that insurance businesses fraudulently claimed GST input tax credits. According to a senior government official, the department is attempting to prove that if these expenses are not legitimate, they must have avoided the income tax assessment. According to […]

Jharkhand HC's Order for M/S ESL Steel Limited

Jharkhand HC Denies GST Credit Claim Earlier to Approval of NCLT’s Resolution Plan

The Jharkhand High Court dismissed ESL Steel’s GST Input Tax Credit (ITC) claim before the permission of the resolution plan by the National Company Law Tribunal (NCLT). The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan witnessed, the obligation of the earlier management might not get transferred to the present management however at that […]

Gauhati HC's Order for HCC-CPL (JV)

Gauhati HC: Railway Dept Can’t Refuse Reimbursement If Output Tax Was Paid By GST ITC

In a recent decision, the Gauhati High Court made it clear that railways can not refuse GST reimbursement due to pricing variations just because the payment of output tax was carried out through an electronic credit ledger and using Input Tax Credit (ITC) under the GST Act. The single-judge bench, chaired by Justice Devashis Baruah […]

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