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Search results for: GST authorities

Allahabad HC's Order for J.K. Cement Ltd.

Allahabad HC Withdraws Tax Penalty Due to Minor Issue for Failure to Carry GST E-Way Bill

The Allahabad High Court, under Section 129 of the GST Act, has overruled a penalty imposed by the authority, on the basis that the absence of an E-way bill constitutes a minor technical error and does not give an adequate reason for tax evasion, especially when no other differences are noted. The petitioner, as per […]

Himachal Pradesh HC's Order For M/s Vardhman Ispat Udyog

HP HC Holds Divisional Commissioner’s Order as the GSTAT Has Not Been Established Yet

Given that GSTAT has not been established, the Himachal Pradesh High Court has halted the service tax cum-divisional commissioner’s decision. According to the bench of Justice Sandeep Sharma, the petitioner had no choice but to turn to the High Court through a petition filed under Article 227 of the Indian Constitution, which otherwise gives the […]

AP HC's Order for M/s Arhaan Ferrous and Non-Ferrous Solutions Pvt. Ltd.

HC: Purchasers are Only Liable for Verifying that the Seller is Registered for GST on Portal

The assessee is simply accountable for proving that he legitimately acquired the goods from the supplier for a fair price after checking the supplier GST registration on the GST portal, held by Hon’ble Andhra Pradesh High Court in M/s Arhaan Ferrous and Non-Ferrous Solutions Pvt. Ltd. v. Deputy Assistant Commissioner [Writ Petition No.15481 of 2023 […]

Allahabad HC's Order for M/S Desai Brothers Limited Ratanpur

HC: GST Refund Can’t Be Stopped Because Physical Application U/S 54 Has Been Filed

On the grounds of the physical application for the refund under section 54 of the UP Goods and Service Tax Act, 2017 read with Rule 97-A of the UP GST Rules, 2017, the Allahabad High Court recently directed the GST Department to refund the amount. The Department must pay interest on the reimbursement that was […]

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 […]

Andhra Pradesh HC's Order for M/s S A Iron, and Metal

AP HC: Not Feasible to Make a Compulsory 10% Pre-deposit for Filing a GST Appeal If Bank Account is Attached

A pedantic viewpoint cannot be used to negate the party’s substantive right of appeal, which is established by legislation. In a significant ruling, the Andhra Pradesh High Court excused a delay of 25 days and highlighted that if the bank account is frozen, it is impossible to make the required 10% pre-deposit for submitting a […]

No Plan to Bring GSTN Under PMLA

MoF Shri Pankaj Chaudhary: Still No Plan to Bring GSTN Under PMLA

The Minister of State in the Ministry of Finance India, Shri Pankaj Chaudhary replying to a question raised in Lok Sabha said that, no proposal to bring GSTN under PMLA. The main purpose and objectives of GSTN are to furnish common and shared IT infrastructure and services to the Central and State Governments, Taxpayers, and […]

Out of 11.2 crore GSTR-1 e-Filings, 25,982 Grievances Have Been Raised

FM: Total 11.2 Cr GSTR 1 Returns Filed in FY 2022-23, Only 25K Tickets Generated

Regarding the issues of the portal, the assessees always have a concern, particularly when the last date is arriving. State Finance Minister Pankaj Chaudhary responded to questions posed by Lok Sabha MPs by emphasizing that the Goods and Services Tax (GST) system is a reliable IT infrastructure that has successfully implemented the GST legislation, regulations, […]

Delhi HC's Order for M/s. Shivbhola Filaments Pvt. Ltd.

Delhi HC: Re-examination of GST Refund Due to Mismatch Without Viewing Reconciliation Statement

The Delhi High Court, in its recent ruling, directed the Goods and Service Authority to review the case where the GST refund was cancelled merely on the basis of a mismatch and without even taking the Reconciliation Statement into account. The petitioner, M/s. Shivbhola Filaments Pvt. Ltd., questioned the impugned order through which, the petitioner […]

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