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Search results for: Section 74

Delhi High Court Order for Neeraj Paper Marketing Ltd

Delhi HC Directs for Refund as Authority Forced to Deposit GST by Assessee During Search

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 […]

Delhi HC's Order for Lovelesh Singhal Prop Shivani Overseas

Delhi HC: Impermissible for Authorities to Force Taxpayers to Pay GST Without Following the Procedures

The officers are only permitted to force the assessee to pay the tax if they do not comply with the requisite process, notwithstanding that the same might be apparent that these taxes are left and liable to get paid, Delhi High Court ruled. Justice Vibhu Bakhru and Justice Amit Mahajan highlighted that the statement of […]

Allahabad HC’s Order for M/S Shree Krishna Traders

Allahabad HC: GST ITC Should Not Be Denied Due to Incorrect GSTIN in GSTR-1

The Hon’ble Allahabad High Court reviewed the matter of M/S Shree Krishna Traders Vs State of UP and another – 2023 (10) TMI 927 – Allahabad High Court and resolved the writ petition by overruling the impugned directive given. The court remitted the case back to the revenue division for further study, instructing them to […]

Madras HC's Order for M/s. Caterpillar India Pvt. Ltd.

Madras HC: No Tax Recovery As Per Differences B/W GSTR 1 & 3B Without Following CGST Rule 88C

In the case of M/s. Caterpillar India Pvt. Ltd. v. The Assistant Commissioner Chennai [WP No. 28092 of 2023 dated September 25, 2023], the Madras High Court granted the writ petition, affirming that recovery based solely on variations between Form GSTR-1 and Form GSTR-3B is impermissible without adherence to the prerequisites outlined in Rule 88C […]

Allahabad HC's Order in Case of M/S Rama Brick Field v/s. Additional Commissioner

GST Portal Keeps All Information Which The Division Must Confirm It: Allahabad HC Quakes Tax Penalty Order

The Allahabad High Court ruled that under the GST regime, all filed details and returns are accessible through the GST Department’s portal. Authorities can verify the tax amounts deposited post-GSTR-1 and GSTR 3B filing on this portal. Justice Piyush Agrawal, while cancelling the penalty order, stated that “Under the GST regime, all details are available […]

Allahabad HC's Order for Malik Traders

Allahabad HC: For Claiming GST Credit, Petitioner Must Prove the Transaction’s Genuineness Beyond Any Doubt

The Allahabad High Court’s recent ruling stipulates that an assessee is ineligible to claim input tax credit unless they successfully demonstrate unambiguous proof of the actual transaction and the physical movement of goods. Referring to Sections 16 and 74 of the UP Goods and Service Tax Act, 2017, Justice Piyush Agrawal stated that “it is […]

Tax Notices Accumulate - FMCG, Auto, and Insurance Companies Bear the Brunt

FMCG, Auto, & Insurance Cos Face the Repercussions of Accumulating GST Notices, Dabur is the Latest

Dabur India joined the growing list of companies that have received tax notices, as the Goods and Services Tax (GST) authorities issued a demand of over Rs 320 crore. Dabur India, a consumer goods company, has stated its intent to challenge this demand with the relevant authorities. In recent months, a variety of businesses spanning […]

Allahabad HC's Order for M/S Vivo Mobile India Private Ltd

Allahabad HC Rejects Rs. 235 Cr GST Demand Against Vivo, Asserts Circular Can’t Override Statutory Provisions

The Allahabad High Court has invalidated a demand of Rs. 235.52 Crores imposed on Vivo Mobile India Private Limited by GST Authorities through an order under Section 74(9) of the Goods and Service Tax Act 2017. In a ruling issued by the bench consisting of Justices Saumitra Dayal Singh and Vinod Diwakar, Vivo Mobile was […]

GST Notice of ₹39 Cr to Star Health Insurance Company

Star Health Insurance Company Reveals Details of GST Notice in its BSE Filing

Star Health and Allied Insurance company has disclosed in its filing with the Bombay Stock Exchange (BSE) that it has received a notice from the Directorate General of GST Intelligence (DGGI) for a tax payment of ₹38.99 crore. The notice was issued under Section 74(5) of the Central Goods and Services Tax Act, 2017, alleging […]

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