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Search results for: GST refund

Karnataka HC's Order in the Case of Kesar Colour Chem Industries vs. Intelligence Officer

Karnataka HC: ‘Self-ascertainment’ Recovery Under GST Section 74 Violates Article 265

The Karnataka High Court, voluntary determination by the taxpayer himself as regards the tax liability, is sine qua non for ‘self-ascertainment of tax’ under the CGST Act. The high court said that when the notice asked to be issued under section 74(1) it showed a new and complete adjudication and did not direct to a […]

Summary of CBIC Instruction No. 04/2024-GST

GST Instruction No. 04/2024 on Mapping/De-Mapping of Officers on the GSTN Portal

The Central Board of Indirect Taxes and Customs (CBIC), through Instruction No. 04/2024-GST on October 4, 2024, has announced systemic revisions to ease the mapping and de-mapping of officers on the GSTN portal. This initiative aims to enhance the efficiency of GST administration, ensuring that officers are precisely mapped to their respective jurisdictions, thereby decreasing […]

Delhi HC's Order in Case of Best Crop Science PVT. Ltd. Vs. Principal Commissioner, CGST Commissionerate

Delhi HC: Rule 86A Does Not Require Taxpayers to Fulfill Any Conditions to Claim GST ITC

The Delhi High Court ruled that the amount of debt to be disallowed from the Electronic Credit Ledger (ECL) must not surpass the amount of the Input tax credit (ITC), which is regarded to have been taken by taxpayers wrongly. The High Court explained that Rule 86A of CGST Rules 2017 is an emergent measure […]

A Guide to the New Section 128A Under the GST Act

New GST Section 128A: Key Provisions and Their Impact

The Central Goods and Services Tax (CGST) Act has introduced a new section 128A, to decrease the tax loads and proposes relief for the assessees towards tax obligations made between July 1, 2017, and March 31, 2020. This amendment permits people with tax obligations to settle their debts without facing extra interest or penalties, as […]

GST E-Invoice for the B2C Sector is Nearly Ready for a Pilot Launch

Businesses, Be Prepared for the Upcoming GST E-Invoice for B2C Launch

GST Network CEO Manish Kumar Sinha said, the design framework for the implementation of GST e-invoicing for retailers is mostly complete and is currently undergoing review by industry specialists. In the B2B sector e-invoicing is already present. Earlier this month GST Council in its meeting wished to extend e-invoice to the B2C sector on a […]

Madras HC's Order In Case of M/s.Shivpad Engineers Pvt. Ltd vs. The Deputy Commissioner (ST)

Madras HC: GST Appeal Can’t Be Denied for Failing to Upload Legal Documents on Portal Due to Technical Errors

The Madras High Court mentioned that an appeal cannot be rejected only because of the failure to upload documents on the GST portal if the delay or failure is from technical errors on the portal. The Bench of Justice Krishnan Ramasamy noted that “… an appeal should not be rejected without allowing the parties to […]

Delhi HC's Order for M/S Chauhan Construction Co. Vs. Commissioner of DGST

Delhi HC Quashes GST Cancellation Order Due to Lack of Specifics in Show Cause Notice

Discovering that the Show Cause notice (SCN) does not cite any particulars that furnish any clue to the assessees as to the cause for the GST registration cancellation, the Delhi High Court quashed the show cause notice and the order through which the GST commissioner has cancelled the GST registration of the applicant with the […]

Mumbai CESTAT's Order in Case of Zodiac Clothing Company Ltd Vs Commissioner of CGST

CESTAT: Goods Exported Before New Notification Were Not Subject to Conditions That Would Deny a Tax Refund

It was cited by the Mumbai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) that as the refund claim is for the exports which has been taken place prior to the new notification, the provision to provide the returns as cited in the new notification does not apply and could not get used […]

GST Council Eases Rules for Export Refunds in 54th Meeting

54th Council Proposes the Removal of GST Rules 96(10), 89(4A), and 89(4B) for Exporters

Acknowledging the hardship being faced by the exporters as of restriction concerning the refund on exports, the 54th GST Council Meeting as a trade facilitation measure, recommended omission of Rule 96(10), rule 89(4A) & rule 89(4B) from CGST Rules, 2017 prospectively, where the advantage of the specified concessional/ exemption notifications is taken on the inputs. […]

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