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Search results for: input tax credit

Madras HC's Order for K.S.Janarthanam

Madras HC: GST Section 73 Restricts 100% Penalty on Assessee If SCN is Issued

The Hon’ble Madras High Court in the case of K.S. Janarthanam v. Deputy State Tax Officer [W.P. No. 1848 of 2024 on January 31, 2024] disposed of the writ petition, hence holding that, a 100 per cent penalty could not get levied if an SCN is issued under Section 73 of Tamil Nadu Goods and […]

No Interest Liability If Balance in ECL for Delayed GSTR 3B Filing

Late GSTR 3B Filing: No Interest Liability If ECL Balance

Section 50 of The CGST Act was revised to furnish that there would be no interest obligation on late filing of GSTR-3B to the extent of the balance in The Electronic Credit Ledger, the Courts in the following and other cases ruled that interest was subjected to be paid even after there was balance in […]

SC Issues Notice to Center, FM and National Anti Profiteering Authority

SC: Notice to Center, FM and NAA Related to Constitutional Validity of Anti-profiteering Provisions

The Supreme Court issued notices to the Central government, the GST Council, the Central Board of Indirect Taxes and Customs, and others concerning the constitutional validity of anti-profiteering provisions under the goods and services tax (GST). A bench of Chief Justice D.Y. Chandrachud, with Justices J.B. Pardiwala and Manoj Misra, did not issue the prayer […]

Gauhati HC’s Order for M/s Surya Business Private Limited

Gauhati HC Halts Show Cause Notice U/S 73(1) for ITC Reversal Due to Supplier’s Default

The Gauhati High Court has granted the interim stay of Show Cause Notice for the matter of Surya Business Private Limited, asking for the reversal of GST ITC on account of default at the supplier’s end. The bench of Justice Manish Choudhury has noted that the plea contesting the Show Cause Notice pursuing reversal of […]

Kerala HC's Order for M/S Kochi Medicals

Kerala HC Sends Case for Reassessment Regarding GSTR-1 Submission Issue As Per Circular

The Kerala High Court remanded the case for re-adjudication on the case of the Submission of GSTR -1 established on the Central Board of Direct Taxes ( CBDT ) Circular. Mr. Abraham K. J., Counsel for the petitioner and Ms. Reshmita Ramachandran, Government Pleader. The applicant M/S Kochi Medicals, is a registered dealer under the […]

Madras HC's Order for M/s. Eicher Motors Limited

Madras HC: Interest Can’t Be Imposed for Delayed GSTR-3B Filing if Payment is Deposited Within Due Date

In the case involving M/s. Eicher Motors Limited versus the Superintendent of GST and Central Excise, the Madras High Court has ruled that no interest should be imposed if the Goods and Services Tax (GST) is deposited within the stipulated due date, even if the GSTR-3B filing is delayed. The petitioner, a well-known manufacturer specializing […]

Delhi HC Verifies Anti-profiteering Provisions Under GST

Delhi HC Affirms Legitimacy of Anti-Profiteering Provisions in GST for Over 100 Companies

On Monday, the Delhi High Court affirmed the constitutional validity of the anti-profiteering provisions within the Goods and Services Tax (GST). Over 100 companies, including Hindustan Unilever, Patanjali, Jubilant Foodworks, and Phillips, had filed petitions challenging these provisions. The court ruled that these provisions specifically address the necessity for a proportional reduction in prices when […]

Madras HC's Order for M/s Tulip Nilgiris Exports Pvt. Ltd.

Madras HC: Claim of GST Refund Must Submitted within 2 Years from the Date of Export

The Madras High Court has ruled that a claim for an Integrated Goods and Services Tax (IGST) refund must be submitted within two years from the relevant date, computed from the export date of the goods through any mode. Justice Senthilkumar Ramamoorthy’s bench noted that the refund claim in question pertains to exports conducted between […]

Kerala High Court's Order for Tyre India Spare India

Kerala HC Allows Writ Withdrawal Due to Extension of Time Limit for GST Appeal

The recent ruling by the Kerala High Court in the matter of Tyre India Spare India vs State Tax Officer examined the constitutional validity of Section 16(4) of the GST Act. The petitioner contested the denial of the Input Tax Credit (ITC) and the application of Section 16(4) in certain scenarios, seeking various reliefs. This […]

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