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Search results for: GST authorities

HP HC's Order in Case of Gagandeep Singh and another V/S State of H.P. and Another

Himachal Pradesh HC Rejects Plea: Fake Addresses Suggest GST Evasion U/S 69

The Himachal Pradesh High Court refused to quash the complaint under Section 69 of the CGST Act, noting that the use of fake supplier addresses indicates prima facie GST evasion. As per the bench, “When the officials went to the addresses mentioned in the invoices and found that no such entity existed, it was sufficient […]

Bombay HC's Order in Case of M/s. Johnson Matthey Chemicals India Pvt. Ltd vs. Union of India

Bombay High Court Upholds Manual Revision of Pre-GST Returns, Affirms Tax Credit Entitlement

The Bombay High Court, concerning the clash between the procedural compliance and substantive tax credit under the GST transition, ruled that the manual revisions to pre-GST returns cannot be rejected only because electronic filing was unavailable. An order of the Deputy Commissioner, CGST Raigad, which had rejected M/s. Johnson Matthey Chemicals India Pvt. Ltd., the […]

SC's Order in Case of Commissioner of Customs Air Cargo Complex (Import) vs. Inter Globe Aviation Limited

Supreme Court Dismisses Customs Appeal, No IGST on Re-Imported Aircraft Parts

The Supreme Court, in a relief to Indian airlines such as IndiGo and SpiceJet, dismissed an appeal by the Customs Department seeking to levy Integrated Goods and Services Tax (IGST) on re-imported aircraft and spare parts that had been sent abroad for repairs. The tax demand was based on a 2021 notification attempting to retrospectively […]

GSTN Clarifies Table 12A Issue in GSTR-1 for B2C Transactions

GSTR-1 Alert: GSTN Addresses Glitch in Table 12A for B2C Reporting, No Action Required by Taxpayers

For Table 12 of the GSTR-1 form, specifically the HSN summary of outward supplies, it is mentioned that the taxpayers who are only dealing in B2C supplies must have reported problems with Table 12A when left blank. Table 12B (related to B2C transactions) is not obligatory and could be left blank or filled with any […]

J&K HC's Order In case of Iqbal Mubarik vs. U.T of J&K Through Commissioner Secretary

J&K High Court: Home Dept Must Reimburse GST on Requisitioned Hotel Rentals

The Jammu and Kashmir High Court has decided that the Department of Home is required to pay back the Goods and Services Tax (GST) to hotel owners. This applies to those hotel owners whose properties have been taken over to provide housing for security forces, in addition to the regular rent they receive. The petitioner, […]

Madras HC's Order In Case of Tvl.Evershine Industries vs The Assistant Commissioner

Madras HC Quashes GST Orders Issued U/S 73 and 74 Without Proper Hearing on 10% Pre-Deposit Instead of 25%

GST ( Goods and Services Tax ) orders have been set aside by the Madras High Court, which was issued under Sections 73 and 74 of the GST Act without furnishing a proper hearing opportunity on a 10% pre-deposit instead of the mandatory deposit of 25%. Tvl. Evershine Industries, the applicant, has cancelled its GST […]

Kerala HC's Order in The Case of Mathai M.V. vs. The Senior Enforcement Officer

Kerala HC: GST Notice Sent via WhatsApp Is Invalid Under Section 169 Prior to Seizure

The Kerala High Court in a ruling carried that GST notices sent through WhatsApp are said to be an invalid service mode u/s 169 of the CGST Act, even if used in the COVID-19 period. A writ petition has been filed by Mathai M.V., a truck owner, contesting the detention and confiscation of his vehicle […]

HP HC's Order In Case of M/s Kunal Aluminum Company vs State of Himachal Pradesh

Himachal HC: Tax Penalty Invalid Without ‘Mens Rea’ in GST E-Way Bill Case

The Himachal Pradesh High Court cancelled the penalty and tax demand charged u/s 129 and 130 of the GST ( Goods and Services Tax ) Act for the non-generation of an e-way bill, ruling that the lack of intent to evade tax renders such a penalty unsustainable. It reaffirmed the condition of ‘Men Rea’. For […]

Gauhati HC's Order In Case of Smti Gichak Daniam Vs. The State of AP and 2 Ors

GST Registration Must Be Reinstated If Dues Are Cleared: Gauhati High Court

The Gauhati High Court, noting that the applicant had filed the requisite returns and paid all outstanding dues up to the date of cancellation, directed the revival of the GST registration that had been cancelled by the tax authorities. The Court, the right to carry on business cannot be curtailed mechanically without considering post-cancellation compliance. […]

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