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The Madras High Court’s Madurai Bench has directed the Goods and Services Tax Network (GSTN) to consider technical measures to enable a taxpayer to file pending returns, following a default caused by the accountant’s failure to file GST returns for six months. In the case of Tvl. KRM Construction contested the cancellation of its GST […]
The Kerala High Court has made an important ruling regarding the Central Goods and Services Tax (CGST) Act of 2017. It was determined that Section 16(5) serves as a non-obstante provision, which means it can override the time limits stipulated in Section 16(4). The Court emphasised that as long as taxpayers file their returns by […]
The Authority for Advance Ruling, Tamil Nadu, confirmed that non-monetary benefits like gifts, compliments, and foreign or domestic tour packages received by a dealer from its principal manufacturer include supply of service under section 7 of the Central Goods and Services Tax Act, 2017 (CGST Act), and are thus accountable to Goods and Services Tax […]
In India, Input Tax Credit (ITC) is a crucial part of the Goods and Services Tax (GST) system. It allows businesses to reduce their tax liability on purchases by claiming credit for taxes already paid. However, businesses often encounter issues due to discrepancies between the ITC reported in GSTR-3B (the monthly summary return) and the […]
The Allahabad High Court has ruled that a recipient’s right to claim Input Tax Credit (ITC) cannot be denied, provided the supplier was registered under GST at the time the transaction took place. The Bench, led by Justice Piyush Agrawal, set aside a GST demand of ₹9.42 lakh raised under Section 74 of the CGST/UPGST […]
The Delhi High Court instructed the GST Department to ensure accuracy when specifying the financial year and other relevant dates in the show cause notices and orders issued to taxpayers. A division bench of Justices Prathiba M. Singh and Renu Bhatnagar cautioned for the case where the authority accidentally cited the deadline for filing the […]
The High Court of Gujarat has provided temporary protection to a container shipping company in a legal case about how it shares tax credits between its different branches. The court has ordered that the authorities should not take any harsh actions against the company while the case is still ongoing. Orient Overseas Container Line Limited […]
The Rajasthan High Court recently rejected a legal appeal from a person who was accused of being involved in a fraudulent scheme related to GST ITC worth ₹100 crore. The court, citing the equity principle that “he who comes into equity must come with clean hands,” denied relief and charged Rs 5 lakh on the […]
The Allahabad High Court has pulled up GST authorities for passing frequent orders for the cancellation of GST registration of traders without giving reasons and said it amounted to ‘economic death’ as it imposes disproportionate hardship on them and disrupts legitimate business activities. Depriving a dealer of this statutory lifeline without providing reasons or providing […]
