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Search results for: 74

Allahabad HC's Order In Case of M/S Integra Micro Systems Private Limited vs. State Of U.P.

Allahabad HC Quashes INR 2.11 Cr GST Demand Order U/S 74 Due to Lack of Hearing Details

Allahabad High Court, in Integra Micro Systems Private Limited vs. State of U.P., ruled in the taxpayer’s favour setting aside a GST demand order because of the procedural lapses. The case comprises a tax demand of Rs. 2.11 crore u/s 74 of the GST act emerging from an alleged incorrect Input tax credit (ITC) claim. […]

Kerala HC's Order In Case of The Deputy Commissioner vs. State of Kerala

Kerala HC: Article 226 Cannot Be Invoked Against GST SCN Issued U/S 74 at Preliminary Stage

The Kerala High Court has ruled that Article 226 cannot be invoked against a show cause notice issued u/s 74 of the CGST Act at a preliminary stage. “Article 226 of the Constitution of India is not meant to be used to break the resistance of the Revenue in this fashion. In the exercise of […]

Orissa HC's Order in The Case of Narayan Pradhan vs. Asst. Commissioner, GST and CE

Orissa HC Quashes GST Penalty Under Section 74 Citing Jurisdictional Error

On behalf of petitioner Mr Harichandan, the advocate appears and said that the impugned is Show cause notice on 19th February 2024 that has the purported finding of misstatement made by his client, to underpay the tax issued under sub-section (l) in section 74 of Central Goods and Services Tax Act, 2017. The provision was […]

Orissa HC's Order In the Case of Simanchal Achary vs. Joint Commissioner of State Tax

Orissa HC Sets Aside Tax Penalty Order Under Section 74 for Overlooking Assessee’s GST Payments

Simanchal Achary, the petitioner is a work contractor who is contesting the first appellate order passed u/s 107 of the Act pertinent to the tax period from July 2017 to March 2018. It was asserted by the applicant that certain payments incurred were not regarded in the adjudication order passed u/s 74 of the act […]

Kerala GST Dept. Circular No. 3/2025 on Sections 73 and 74

Kerala GST Dept Issues Circular No. 3/2025, Clarifying Notices U/S 73 and 74

The Kerala government has issued GST Circular No. 3/2025, dated 20th January 2025, providing clarifications and instructions on the issuance of separate notices under Sections 73 and 74 of the Kerala SGST Act, 2017. Directives were issued in the past via Circular No. 06/2023 (dated 08-01-2023) and Circular No. 16/2023 (dated 09-10-2023) to give directions […]

Orissa HC's Order in Case of Dilip Kumar Swain vs. Deputy Director, DGGI, BBSR and Others

Orissa HC Stays GST Notice U/S 74 Consolidating Multiple AY, Citing Karnataka HC Ruling

U/s 74 of the Goods and Services Tax (GST) the Orissa HC has stayed a notice issued which consolidated multiple assessment years following the decision of a single bench of the Karnataka High Court. On 3rd January 2024, Justice Arindam Sinha and M.S. Sahoo listed the case and stayed the impugned notice till the next […]

PB & HR HC's Order for M/s JSB Trading Co. vs. State of Punjab and Another

Punjab and Haryana HC Quashes GST Demand Notice Issued U/S 74 After Closure of Section 61 Proceedings

A Goods and Services Tax ( GST ) demand notice and order issued u/s 74 of the Central Goods and Services Tax Act, 2017 has been quashed by the Punjab and Haryana High Court, following the earlier closure of proceedings u/s 61 of the Central GST Act. The case concerned JSB Trading, a firm dealing […]

Kerala HC's Order In The Case of Ayyappan Pillai vs The State Tax Officer

Kerala HC: If an Assessee Fails to Submit a Sales Report for Tax Evasion, Section 74 Must Be Applied

It was mentioned by the Kerala High Court that the provision of section 74 of the CGST Act can be invoked if the taxpayer fails to report actual sales to evade tax. The Bench of Justice Gopinath P. observed that “It is for the assessee to get his claim adjudicated by the statutory authorities under […]

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