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In a recent decision, the Patna High Court declared that the pre-deposit for upholding an appeal following Section 107(6)(b) of the CGST/SGST Act can only be made using funds from the Electronic Cash Ledger, not the Electronic Credit Ledger. The division panel, consisting of Justices Madhuresh Prasad and Chakradhari Sharan Singh, concluded that the pre-deposit […]
The Delhi High Court has set aside the special judge’s instructions to carry out an extensive investigation by the GST department in the absence of any strict provisions. The panel comprising Justice Vibhu Bakhru and Justice Amit Mahajan noted that, besides the directions given on April 5, 2023, there were no justifications for the respondent […]
The Kerala High Court in the case of Chukkath Krishnan Praveen Vs. The state of Kerala permitted the rectification of GSTR-3B because GST ITC claimed as IGST rather than CGST and SGST. As Per the Official Judgment Ms N S Shamila learned Counsel for the petitioner, and Ms Jasmin M M learned Government Pleader for […]
The Allahabad High Court has ruled that tax cases involving undisputed facts and issues of jurisdiction and breath of natural justice should not be referred to the authorities. The court stated that cases complying with minimum statutory requirements are usually referred to alternative forums for remedies. A bench consisting of Justice Saumitra Dayal Singh and […]
In the case of M/S. Vaidhe Stainless Steel Vs. Union of India Through Its Secretary Ministry of Finance, the Delhi High Court has released an order declaring the Bank Account Attachment instructions given under section 83 of the GST Act ineffective after the expiry of one year. Key Details From the Judgment The petitioner has […]
The Supreme Court in recent times has issued a writ petition notice contesting the validity of the constitution of sections 149 and 150 of the Finance Act, 2023 that seek to substitute Sections 109 and 110 of the Central Goods and Services Tax Act, 2017 (CGST Act). Such provisions pertained to the appointments and the […]
Here are three important changes under GST law that have come into effect from 20th October 2023 that will affect your input tax credit availability. Cab Rental Services for Passengers In the services, the condition has been inserted via renting any motor vehicle designed to carry the passengers in which the fuel cost is been […]
In the case of M/s. Caterpillar India Pvt. Ltd. v. The Assistant Commissioner Chennai [WP No. 28092 of 2023 dated September 25, 2023], the Madras High Court granted the writ petition, affirming that recovery based solely on variations between Form GSTR-1 and Form GSTR-3B is impermissible without adherence to the prerequisites outlined in Rule 88C […]
The Gujarat High Court has halted the enforcement of dues, citing that despite the establishment of the GST Appellate Tribunal (GSTAT), it remains inactive. Justices Biren Vaishnav and Mauna M. Bhatt noted that even though the Tribunal exists, it remains non-operational, yet authorities are proceeding with orders for debt recovery. They are demanding information from […]
