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The Allahabad High Court ruled that the provision of a self-certified copy of the order does not apply to the petitions filed electronically under Section 107 of the Central Goods and Service Tax Act, 2017 read with Rule 108 of the Central Goods and Services Tax Rules, 2017. Section 107 of the Central Goods and […]
The Kerala High Court dismissed the petition on the problem of Claim of Transitional Credit as the taxpayer could claim the legal Remedy under the Kerala State Goods and Service Tax ( KSGST/CGST ) Act, 2017 Mr Shameem Ahamed appeared for the petitioner, Ms Jasmine M. M., Government Pleader for the 1st respondent and Mr […]
Introduction For CGST– the Calcutta High Court In a significant legal development directed the pivotal judgment for the case of Mohammad Shamasher vs. State of West Bengal & Ors., challenging penalties imposed under Section 129 of the State Goods and Services Tax (GST) Act. This case is about the detention of an escalator machine (JCB) […]
Only technical errors under tax laws without any financial implications must not be the foundations for the imposition of penalties, the Allahabad HC stated. When dealing with the case of goods not accompanying the e-way bill, Justice Shekhar B. Saraf stated. “Mere technical errors, without having any potential financial implications, should not be the grounds […]
The Allahabad High Court rendered the Additional Commissioner, CGST, (Appeals), Meerut, to provide the benefit of Under Section 14 of the Limitation Act to the applicant and hear the petition filed under Section 107 of Central Goods and Service Tax Act, 2017 afresh. Section 14 of the Limitation Act, 1963 furnishes that the period where […]
In the matter of Sant Ram v. Delhi State GST and Others [W.P No. 15846 of 2023 dated December 11, 2023], the esteemed Delhi High Court granted the writ petition, overturning the decision to cancel GST registration. The court emphasized the necessity for the Proper Officer to autonomously reach a conclusion as stipulated in sub-section […]
The High Court of Kerala at Ernakulam has dismissed two writ appeals challenging the constitutional validity of specific provisions under the Central Goods and Services Tax (Central GST) Act and Rules. The pleas were filed by two businessmen, Nahasshukoor, proprietor of M/s N. S. Metals, and Ansil Ibrahim, proprietor of M/s Light House, both located […]
Starting March 1, 2024, the National Informatics Centre (NIC) has announced that certain GST payers must have e-invoice details to generate GST e-way bills. This requirement applies specifically to e-invoice-enabled taxpayers involved in B2B and export transactions. However, for other transactions like B2C, the e-way bill process remains unchanged, operating as usual. Currently, businesses with […]
In a recent decision, the Patna High Court declared that the pre-deposit for upholding an appeal following Section 107(6)(b) of the CGST/SGST Act can only be made using funds from the Electronic Cash Ledger, not the Electronic Credit Ledger. The division panel, consisting of Justices Madhuresh Prasad and Chakradhari Sharan Singh, concluded that the pre-deposit […]
