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Delhi HC's Order In the Case of Kamal Envirotech Pvt. Ltd vs. Commissioner of GST

Delhi High Court: Section 129 CGST Act Cannot Penalize Minor GST E-Way Bill Errors

It was carried by the Delhi High Court that Section 129 of the Central Goods & Services Tax Act, 2017 which relates to the detention, seizure, and release of goods while in transit cannot be invoked for assessing penalties for minor breaches, like incomplete e-way bill. A division bench of Justices Yashwant Varma and Harish […]

An Easy Explanation of Section 61 of the CGST Act, 2017

Scrutiny of GST Returns Under Section 61 of the CGST Act

The Central Goods and Services Tax (CGST) Act, 2017, is a foundation of the Goods and Services Tax (GST) framework of India which ensures tax administration and compliance. Section 61 among distinct provisions plays a significant role in keeping the precision and clarity of tax filings. The same blog furnishes information about section 61, along […]

Rajasthan HC's Order In Case of Dharnia Motors vs. Union Of India

Rajasthan HC: CGST Provisions for Time-Bound Submission of GST TRAN-1 Declaration to Claim Credit Are Mandatory, Not Directory

Rules specifying the ‘time and manner’ for claiming transitional credit, in addition to the statutory process furnished u/s 140 of the Central Goods and Services Tax Act 2017, are mandatory, the Rajasthan High Court said. A division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri Laxman held that the prescriptions under section 117 of […]

Gauhati HC's Order in the Case of Udit Tibrewal vs. The State of Assam and 3 Others

Gauhati HC: GST DRC-01 Summary Cannot Replace Mandatory SCN U/S 73(1) of CGST Act

It was cited under the Gauhati High Court that the summary issuance of the Show Cause Notice in GST DRC-01 cannot replace the need for issuance of Show Cause Notice u/s 73(1) of the CSGT Act. The Bench of Justice Manish Choudhury marked that “…….the issuance of the Summary of the Show Cause Notice, Summary […]

Delhi HC's Order In the Case of M/s HCC VCCL Joint Venture vs. Union of India

Delhi HC Rules Refund from Electronic Cash and Credit Ledger Can Be Withheld Equally Under CGST Act Section 108

It was carried by the Delhi High Court that refunds, be it from the balance left in the electronic cash or the Electronic Credit Ledger, are considered at par and the Commissioner under the Central Goods and Services Tax Act may withhold both in the practice of its powers u/s 108. Section 108 provides the […]

Bombay HC's Order in The Case of Credit Agricole CIB Services Private Limited vs. The Union of India & Ors.

Bombay HC: GST Refund Rejection Without Hearing Violates CGST Rules 92(3) and Principles of Natural Justice

It was cited by the Bombay High Court that the rejection of the refund order has passed without hearing the chance that breaches rule 92(3) of CGST Rules, 2017 and principles of natural justice. The Bench of Justices M. S. Sonak and Jitendra Jain marked that “……in any event, proviso to Rule 92(3) of the […]

GST Notification No. 20/2024 for Central Tax

CGST Rule 47A: 30-Day Duration for Issuing Tax Invoices Under RCM

The Central Board of Indirect Taxes and Customs (CBIC) on October 8, 2024, via GST Notification No. 20/2024 – Central Tax, introduced Rule 47A into the Central Goods and Services Tax (CGST) Rules, 2017. The very revision will come into force from 1st November 2024 and obligates a strict duration to issue the tax invoices […]

Gauhati HC's Order In The Case Of Shree Shyam Steel V/S Union Of India

HC: Gauhati GST Dept. Can’t Benefit from an Illegal Notification Under the CGST Act

The Gauhati High Court ruled that the State GST Authorities cannot take advantage of Notification No. 56/2023-CE, which is also otherwise ultra vires the CGST Act, 2017. Notification No. 56/2023-CE related to The bench of Justice Devashis Baruah has remarked that the GST Council has not made any suggestion to date, and despite that, the […]

Central Tax Notification No. 12/2024 for Amendment GST Rule 142

CBIC Adds New Procedures for Voluntary GST Payments to Rule 142 of the CGST Rules

On July 10, 2024, the Central Board of Indirect Taxes and Customs (CBIC) issued Notification No. 12/2024 – Central Tax, to further revise Rule 142 of the CGST Rules. The same revision would be effective from July 10, 2024, which mentions the process of managing the voluntary tax payments that the registered taxpayers made and […]

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