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The constitutional validity of Section 16(4) of the CGST Act is been upheld by the Chhattisgarh High Court which states the time duration where a registered assessee is needed to claim the ITC. Justice Sanjay K. Agrawal and Justice Radhakishan Agrawal’s bench noted that Section 16(4) of the CGST Act doesn’t contravene Articles 14, 19(1)(g), […]
Finance Minister Nirmala Sitharaman addressed Parliamentarians’ request to raise the GST registration sales threshold, stating that the GST Council can consider it. However, she emphasized that most small businesses should ideally be part of the GST framework. During her response on the Central Goods and Services Tax (Second Amendment) Bill, 2023 in Rajya Sabha, Sitharaman […]
A Parliamentary Panel has urged the Centre to grant GST exemption to imported pharmaceutical products utilized by hospitals or scientific institutions engaged in life-saving medication and treatment research. Adhir Ranjan Chowdhury, a Congress member and the Panel’s Chairman, emphasized that offering incentives to entities like cancer institutes would significantly bolster the development of medicines aimed […]
The decision to cancel the GST registration with the retrospective effect should be based on certain objective criteria, the Delhi High Court ruled. Justice Vibhu Bakhru and Justice Amit Mahajan noted that the petitioner’s GST registration was revoked due to a six-month lapse in filing returns, despite the petitioner regularly fulfilling this requirement during that […]
Kerala High Court Justice Dinesh Kumar Singh recently instructed M/S. N.T.K. Jewellers to formally contest the Goods and Services Tax (GST) Adjudication Notice through a statutory appeal. This decision stemmed from the absence of evidence suggesting any issues with the proper delivery of the GST DRC-01 notice. M/S. N.T.K. Jewellers filed a challenge against the […]
The Calcutta High Court upheld the constitutionality of Section 16(4) of the Central Goods and Services Tax Act, 2017, emphasizing the importance of adhering to time limits for filing Goods and Services Tax Returns over the legal right to claim Input Tax Credit (ITC). The order in appeal on 04.01.2023 is been contested by the […]
On December 13th, 2023, the Central Board of Indirect Taxes and Customs (CBIC) issued a directive instructing officials that the application of section 74(1) of the CGST Act for issuing show cause notices should only occur when investigations reveal concrete evidence of fraud, deliberate misrepresentation, or withholding of facts to avoid tax. Furthermore, this evidence […]
The Delhi High Court has set aside the special judge’s instructions to carry out an extensive investigation by the GST department in the absence of any strict provisions. The panel comprising Justice Vibhu Bakhru and Justice Amit Mahajan noted that, besides the directions given on April 5, 2023, there were no justifications for the respondent […]
The department has been instructed by the Delhi High Court to give a refund amount that the petitioner has deposited through a payment of Rs. 23,70,000 in cash along with interest at a yearly rate of 6%. The two-member bench comprising Justice Vibhu Bakhru and Justice Amit Mahajan has noted that a sum amounting to […]
