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Search results for: itc claim

Allahabad HC's Order in The Case of M/S Safecon Lifescience Private Limited vs. Additional Commissioner Grade 2

Allahabad HC: Section 74 GST Proceedings Unjustified When Goods Movement Is Proven by Assessee

When the taxpayer has proved the actual movement of goods and it stayed unrebutted via authority, then the proceedings u/s 74 of the Goods and Services Tax Act, 2017 are not justified, Allahabad High Court cited. U/s 74 of the GST Act, the proceedings could be initiated if the taxpayer has not paid or short […]

Delhi HC's Order In Case of Suresh Kumar vs. Commissioner CGST Delhi North

Delhi HC: GST Demand Order Valid Despite Late Uploading of Form DRC-07 If E-Mail Service Is Proven

The Delhi High Court has pointed out that there is a delay between when the GST Department issues a demand order and when the Form DRC-07 is made available online. A division bench of Justices Prathiba M. Singh and Shail Jain did not infer such a gap as rendering the demand order time-barred, towards the […]

GST Revenue Loss in Karnataka State

CAG Report Flags ₹1,260 Cr GST Revenue Loss in Karnataka Due to Tax Lapses

The recent report from the Comptroller and Auditor General (CAG) about Karnataka’s finances reveals some important issues. It showed that there were problems with how taxes were managed and enforced in various government departments. These issues led to a significant loss of revenue, totalling ₹1,260.41 crore. The findings of the report were shared in the […]

How GST Software Handles Errors in Return Filing

GST Filing Errors and How Software Controls Them

Since the inception of the Goods and Services Tax (GST) in India in 2017, businesses have faced challenges in adjusting to the new tax system. The aim of GST was to simplify compliance, but achieving this objective has not been easy so far. GST was introduced to streamline indirect taxes, but filing GST returns involves […]

Orissa HC's Order In The Case of M/s. Sai Sitaram Construction V/S Joint Commissioner of CT & GST

Officer Barred from Relevying Covered Demand: Orissa HC Quashes GST Order as Double Taxation

The Orissa High Court has cancelled a GST demand issued by a state tax official, stating that it was unfair because it effectively taxed the same goods twice. The order passed u/s 73 of the Central and Odisha GST Acts for the financial year 2021-22 has been contested by the applicant, Sai Sitaram Construction, a […]

Apollo Tyres Faces Tax Demand over Ineligible GST ITC

Apollo Tyres Receives GST Demand Order from TN Commercial Taxes Department

The Tamil Nadu Commercial Taxes Department has levied a demand order under the Central Goods and Services Tax Act, 2017, on Apollo Tyres Limited, the company informed the stock exchanges. The issue is with the ITC claimed eligibility of the company and comprises both the GST amount and a consequential penalty. Rs. 61.52 lakh is […]

SC's Order in the Case of Union of India & Ors. vs. M/s HCC VCCL Joint Venture

Supreme Court: GST Cash Ledger Refund Cannot Be Blocked Without a Lawful Basis

The Supreme Court, without a valid cause, the Goods and Service Tax (GST) refund from the cash ledger cannot be withheld. The Union of India’s challenge against a Delhi High Court ruling has been dismissed by a bench comprising Justice Sudhanshu Dhulia and Justice Joymalya Bagchi, which quashed the order of the GST authority staying […]

Delhi HC's Order In the Case of Dhruv Medicos Pvt Ltd Vs. Deputy Commissioner

Delhi HC: GST Audit Can’t Be Completed Without a Reply, Violates CGST Rule 101(4)

The Delhi High Court ruled in an important decision to finalise an audit report without duly considering the reply of the taxpayer breaches the mandate of Rule 101(4) of the Central Goods and Services Tax (CGST) Rules, 2017. Towards the rule, the court delivers clarity. The applicant, Dhruv Medicos Pvt Ltd., is in the business […]

Delhi HC's Order in the Case of Bhupender Kumar vs Additional Commissioner Adjudication CGST Delhi North & ORS

Retrospective GST Penalty Valid If SCN Issued: Delhi High Court on Section 122(1A)

The Delhi High Court held that Section 122(1A) of the Goods and Services Tax Act, 2017, can be applied retrospectively, provided that a show cause notice had been issued to the taxpayer when the provision was introduced. Section 122 contemplates penalties for offences under the GST Act, along with the bogus claim of ITC. The […]

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