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Search results for: input tax credit

Delhi HC Order In the Case o M/S Fone Zone NXT vs. Commissioner of DGST

Delhi HC: Taxpayer Can’t Shift Burden to CA to Escape GST Penalty for SCN Lapse

The Delhi High Court has thrown out several petitions from taxpayers who were contesting certain decisions related to the Goods and Services Tax (GST). These decisions were made without the taxpayers being present, and some of their bank accounts had been temporarily frozen. The court emphasised that taxpayers cannot escape the effects of these decisions […]

Madras HC's Order in The Case of Tvl. Premium Tyres Private Limited vs. The Assistant Commissioner

Madras HC Allows GST Return Filing, Cites Genuine Hardship in Tax Non-Compliance

The Madras High Court, in its recent decision, observed that a business setback and an accountant’s failure to file GST (Goods and Services Tax) returns constitute a genuine cause. Hence, the GST Network must allow the taxpayer to file the returns. In a petition filed by Tvl. Premium Tyres Private Limited, the applicant whose GST […]

Allahabad HC's Order In The Case of Pilcon Infrastructure Pvt. Ltd. Vs. State of U.P. and Another

Allahabad HC Rejects Plea to Quash GST Fraud Notice, Orders Tax Department to Reveal Evidence

The Allahabad High Court has declined to intervene at the preliminary stage regarding a show cause notice issued under Section 74 of the Uttar Pradesh Goods and Services Tax (UP GST) Act, 2017, which alleges the use of fraudulent input tax credit (ITC). However, the Court has instructed the GST department to provide all detrimental […]

Gauhati HC's Order in The Case of M/S McLeod Russel India Limited vs. The Union of India

Gauhati HC: GST Tax Credit Cannot Be Denied to Bona Fide Buyers for Supplier Defaults

The Gauhati High Court, in a ruling addressing one of the most litigated issues under the Goods and Services Tax regime, has held that input tax credit (ITC) cannot be denied to a bona fide purchaser merely because the supplier failed to upload invoices or file appropriate returns. The Court observed that shifting the consequences […]

Calcutta HC's Order in The Case of Laxmi Ghosh vs. The State Of West Bengal & Ors

Calcutta HC: IGST ITC in GSTR-9 Can Be Offset Against GSTR-3B Tax Demand

Integrated Goods and Services Tax (IGST) Input Tax Credit (ITC) declared in GSTR-9 can be set off against tax demand if skipped in the monthly GSTR-3B, the Calcutta High Court held. Justice Om Narayan Rai bench said that the appellate authority did not give an explanation why the IGST ITC declared in GSTR-9 cannot be […]

NASSCOM Flags GST Burden on Head Office Branch Transactions

NASSCOM Flags GST Hurdle as Head-Office to Branch Transfers in IT Firms Get Taxed

Nasscom, an industry organisation, has pointed out that the current Goods and Services Tax (GST) system treats transactions between the main offices and their branches in IT companies as if they are taxable events. This creates an unnecessary tax burden for these companies. Even after being internal allocations in the same company and not supplies […]

Chhattisgarh HC's Order In Case of Harsh Wadhwani vs. DGGI

Big Relief: Chhattisgarh HC Bars Coercive Action in Fake GST ITC Investigations if Taxpayers Cooperate

The Chhattisgarh High Court ruled that no coercive measures will be taken against taxpayers if they cooperate with the GST investigation into bogus ITC claims. Harsh Wadhwani, proprietor of Vijay Laxmi Trade Company, and his authorised representative, submitted a writ petition, contesting the proceedings begun by the Directorate General of GST Intelligence (DGGI). The applicants […]

Bombay HC's Order in The Case of Rawman Metal & Alloys vs. The Deputy Commissioner of State Tax

Bombay HC: GST ITC Cannot Be Blocked Under Rule 86A If Credit Ledger Has Nil Balance

The Bombay High Court recently determined that under Rule 86A of the Central Goods and Services Tax (CGST) Rules, 2017, Input Tax Credit (ITC) cannot be restricted if the taxpayer’s electronic credit ledger shows a nil balance on the date the blocking order is issued. This ruling emphasises the conditions under which ITC can be […]

CBIC Circular No. 251/08/2025-GST Related to ITC Reversal

CBIC Cir. 251: No ITC Reversal on Post-Sale Credit Notes Issued by Suppliers

Buyers no longer need to reverse their input tax credit (ITC) when a supplier issues a post-sale financial or commercial credit note. The Central Board of Indirect Taxes and Customs (CBIC) has clarified that even if payments are made at a discount, the buyer can retain the ITC. This provides significant relief for businesses and […]

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