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Search results for: GST authorities

Patna HC's Order In the Case of M/s JMD Alloys Ltd. V/S Union of India and Ors

Patna HC: Transitional Credit Inapplicable for Capital Goods Received After GST Implementation

While keeping the recovery of ₹8,62,566 as ineligible CENVAT credit, the Patna High Court ruled that transitional credit cannot be availed for capital goods received after GST implementation. The Division Bench of the High Court, comprising Justices Rajeev Ranjan Prasad and Ramesh Chand Malviya, ruled that “The distinction in the matter of giving the benefit […]

Allahabad HC's Order in the Case of Amit Kumar Sethia (Deceased) V/S State of U.P. and another

Allahabad High Court: GST Demand Against Deceased Person Not Permissible U/S 93

The Allahabad High Court has decided that Section 93 of the GST Act of 2017 does not allow tax authorities to charge taxes to someone who has passed away or to collect those taxes from their family or legal representatives. Section 93 of the Goods and Services Tax Act, 2017, outlines the obligation to file […]

Allahabad HC's Order in the Case of M/S Solvi Enterprises v. Additional Commissioner Grade 2 And Another

Allahabad HC: No Adverse Action Against Buyer If Seller Was GST-Registered at Time of Sale

The Allahabad High Court stated that if the seller was a GST-registered dealer at the time of the transaction, no adverse inference could be drawn against the purchasing dealer due to the subsequent cancellation of the seller’s registration. Justice Piyush Agrawal Ruled “Once the seller was registered at the time of the transaction in question, […]

GST on Apartment Maintenance: Existing Rule Since 2019

Govt Officials: GST on Apartment Maintenance Isn’t a New Levy

In between the rising troubles and confusion among apartment residents, government officials cited that the Goods and Services Tax (GST) on apartment maintenance charges is not a new law. It is the current law that has been in place since 2019, and they kept it. The clarification has arrived as housing societies in the nation […]

Allahabad HC's Order In Case of Surender Gupta vs. Appellate Authority State GST / Additional Commissioner Grade-Ii

Allahabad HC Orders NOIDA Authority to Refund ₹19.22 Lakh GST Penalty to Petitioner

The Allahabad High Court asked the New Okhla Industrial Development Authority (NOIDA) to compensate the taxpayer Rs. 19,22,778, which was charged to the taxpayer as tax and penalty in proceedings u/s 73 of the Goods and Services Tax Act, 2017. The petitioner gives his property on rent in Gautam Budh Nagar(Noida). The rent received from […]

Delhi HC's Order in The Case of M/S Raj International vs. Additional Commissioner CGST Delhi West & ORS

Delhi HC Flags Surge in GST Cases, Urges Dept to Depute Officials for Faster Disposal

Due to the increasing number of GST-related cases being presented, and to ensure that these cases, particularly those arising from procedural issues, are resolved quickly, the department has requested that at least two officials from its litigation section be assigned to handle these matters. It was cited by the division bench of Justices Prathiba M. […]

Jharkhand HC's Order in The Case of TATA Steel Ltd. vs. State of Jharkhand

Jharkhand HC Directs GST Dept to Refund INR 1.23 Crore to Tata Steel

The Jharkhand High Court has directed the department to refund ₹1,23,22,617 in GST to Tata Steel, which operates the largest steel plant in Jamshedpur, Jharkhand. The business claims the Input Tax Credit (ITC) on Compensation Cess paid for the purchase of coal, a vital raw material, under section 8(2) of the Goods and Services Tax […]

Gujarat HC's Order in The Case of M/S A T Trade Overseas Pvt Ltd Vs Union of India

Gujarat High Court: Voluntary Integrated GST Paid on Ocean Freight Refundable Despite Time Bar

The Gujarat High Court ruled that levying the Integrated Goods and Services Tax (IGST) on ocean freight under a reverse charge mechanism is unconstitutional. As a result, importers are entitled to a refund of the IGST they voluntarily paid, even if this request is made after the usual limitation period. The applicant imports bituminous coal from overseas […]

Madras HC's Order In the Case of Sts-Kec(Jv) vs. State Tax Officer

Madras HC: 12% GST Applies to Works Contracts for Track Doubling & Infrastructure Under RVNL

In a recent ruling, the Madras High Court held that a works contract involving track doubling and associated infrastructure development under the purview of Rail Vikas Nigam Limited (RVNL) is subject to 12% GST, not 18% as claimed by the tax authorities. Justice Mohammed Shaffiq, delivering the judgment, emphasized that while exemption notifications should be […]

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