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Search results for: input tax credit

Exploring Five Significant GST Rulings in 2023

Explore 5 Essential GST Rulings for Professionals of 2023

The Goods and Services Tax rulings in 2023 were among the important legal decisions that shaped India’s taxation environment. Presenting Five Significant GST Rulings Below are the details of five significant cases related to input tax credit matching, hostel GST rate, registration cancellation, etc. Resolution of Hindustan Unilever’s Input Tax Credit Issues by Rajasthan High […]

CBIC Grants Major Relief Via GST Notification No. 56/2023 to Officials

CBIC Grants Major Relief Via GST Notification No. 56/2023 to Officials

Two days later, the Central Government decided to provide relief to GST officials who were facing difficulties in resolving pending cases of the GST law. The decision to extend the deadline once again for the financial years 2018-19 and 2019-20 has been taken after the recommendation of the GST Council. Now, non-fraud cases that are […]

Delhi High Court's Order for M/S Aaira Batteries

Delhi HC: GSTIN Cancellation Order Issued in Violation of Principles of Natural Justice

The order cancelling the GST registration of the applicant was passed in breach of the principles of natural justice and is therefore obligated to be set aside, Delhi High Court ruled. The judicial bench comprising Justice Vibhu Bakhru and Justice Amit Mahajan noted that if the petitioner’s GST registration is reinstated, the petitioner would need […]

GST Non-payment Cannot Invoke Section 74(1)

A Non-payment of GST Cannot Instigate an Action Under Section 74(1)

Section 74(1) of the Central Goods and Services Tax Act, 2017 states that if the proper officer suspects non-payment, short payment, erroneous refund, or wrongful availing/utilization of input tax credit due to fraud, willful misstatement, or suppression of facts to evade tax, they must serve a notice to the person liable for the unpaid tax […]

GST Demand Notice to ICICI and Kotak Mahindra Bank

ICICI & Kotak Mahindra Bank Receive GST Demand Notice, ₹26.8 Cr and ₹62.3 Lakh

ICICI Bank Ltd and Kotak Mahindra Bank Ltd, private sector lenders, announced on Thursday (December 28) that they’ve been issued demand notices by the Goods and Services Tax (GST) Department. The notices amount to ₹26.8 crore for ICICI Bank and ₹62.3 lakh for Kotak Mahindra Bank. ICICI Bank reported that it received a notification from […]

Benefit to Industry If Electricity Comes Under GST Regime

Deloitte Report Shows Positive Impact If Electricity Comes Under GST

The government is exploring the inclusion of electricity within the goods and services tax (GST) framework. The Union Power Ministry is actively assessing its potential effects on various fronts such as industry, state revenues, and household electricity expenses. Historically, electricity, along with commodities like petrol, diesel, and natural gas, has existed outside the realm of […]

Chhattisgarh HC's Order for M/s Jain Brothers

Chhattisgarh High Court: GST Section 16(4) is Legally Valid Which Sets the Time Frame

The constitutional validity of Section 16(4) of the CGST Act is been upheld by the Chhattisgarh High Court which states the time duration where a registered assessee is needed to claim the ITC. Justice Sanjay K. Agrawal and Justice Radhakishan Agrawal’s bench noted that Section 16(4) of the CGST Act doesn’t contravene Articles 14, 19(1)(g), […]

Calcutta HC's Order for M/S. BBA Infrastructure Limited

Calcutta HC: GST Rule Under Section 16(4) Legally Valid Despite Overriding Effect of ITC Provisions

The Calcutta High Court upheld the constitutionality of Section 16(4) of the Central Goods and Services Tax Act, 2017, emphasizing the importance of adhering to time limits for filing Goods and Services Tax Returns over the legal right to claim Input Tax Credit (ITC). The order in appeal on 04.01.2023 is been contested by the […]

Bombay HC's Order for Star Engineers (I) Pvt. Ltd

Bombay HC Permits Rectification of Factual Mistakes in GSTR-1 Beyond Specified Time

A GST assessee is permitted by the Bombay High Court to amend the bonafide mistake in the GST Form GSTR-1 beyond the set time duration. The petition contested a communication dated 27th September 2023 from the respondent-Deputy Commissioner, State Tax. In response to the petitioner’s application to modify or amend form GSTR-1 for the financial […]

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