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Under the Central Goods and Services Tax Act (CGST Act 2017), the Kerala High Court has ruled that an appellate authority is required to consider the merits of an appeal even when there is no appearance on behalf of the appellant. It was mentioned by the court that the order is required to be passed […]
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, […]
The High Court of Kerala has rejected a legal request that questioned a penalty under section 74 of the CGST Act, 2017. This penalty was given under a specific section of the laws governing GST. The court observed that the reasons provided by the petitioner, such as delays and issues with authority, were not valid […]
The petitioner in the case of Maya Pradeep Kumar vs. Audit Officer approached the Kerala High Court challenging a show cause notice (Ext.P4) issued under Section 74 of the CGST/SGST Acts. The applicant claimed that they answered all audit queries in the process of the audit, the final audit report (Ext.P3) overlooked these submissions directing to the […]
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. […]
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 […]
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 […]
The Bombay High Court has resolved the case of Sai Service Private Limited against the Union of India regarding the availability of Input Tax Credit on demo vehicles under the GST Act. The matter became moot following the issuance of GST circular number 231/25/2024 by the CBIC on September 10, 2024. The circular validated that businesses like […]
The Calcutta High Court has asked to reconsider the claim of transitional credit considering the technical breach faced by taxpayer in getting the provisional ID for GST migration. In connection with filing of the appeal the application for condonation of delay was filed by the petitioner Javed Ahmed Khan. Sufficient causes are pleaded in the […]
