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The Delhi High Court held that Section 122(1A) of the Goods and Services Tax Act, 2017, can be applied retrospectively, provided that a show cause notice had been issued to the taxpayer when the provision was introduced. Section 122 contemplates penalties for offences under the GST Act, along with the bogus claim of ITC. The […]
The Madras High Court has withdrawn a demand order related to the GST Act, 2017. The court discovered that the order just repeated the assessee’s answer without offering its investigation or argument. This lack of separate evaluation was a key basis for the court’s judgment to set aside the order. Tvl. SKP Readymix has furnished […]
The Delhi High Court noted that a GST demand raised against a taxpayer regarding availing of ITC and the utilisation case prima facie includes a double demand. The applicant has been furnished with the freedom by a division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta to approach the Appellate Authority against such […]
The Gujarat High Court, in a ruling for State Goods and Services Tax (GST) administrations, ruled that the lack of a Document Identification Number (DIN) on summons, notices, or provisional-attachment orders issued via State GST officers does not make those instruments invalid. NRM Metals (India) Pvt Ltd and its director, who filed the writ petitions, […]
The Calcutta High Court, after discovering that the authority had not been able to analyse the legality of the Input Tax Credit (ITC) availed, remanded the appeal of Bajaj Wheels to the Goods and Services Tax (GST) adjudicating authority. By keeping the case pending, no effective objective shall be served, the court cited. The applicant, […]
The Gujarat High Court has ruled that a specific rule in the tax regulations, known as Rule 96(10) of the CGST Rules, 2017, will apply going forward, but can also be used in current cases that are still being processed. The Division Bench of Justices Bhargav D. Karia and D.N. Ray on the issue said […]
The extension GST notification issued under Section 168A of the CGST Act, 2017, which extended the time limit for adjudication, has been quashed by the Madras High Court. The bench of Justice Mohammed Shaffiq ruled that the Notification No. 09/2023 has specified poor in law since its issuance was not occasioned via a force majeure […]
Towards the issuance of GST audit scrutiny notices under Section 74(A), tax experts and industry representatives raised concerns regarding bogus practices at the GST conclave, jointly organised by the Central GST (CGST) Ahmedabad Zone and the Gujarat Chamber of Commerce and Industry (GCCI). The experts mentioned that these notices are to be reserved merely for […]
In a huge relief for taxpayers, the Calcutta High Court has authorised a rectification application for Input Tax Credit (ITC) applications that were previously denied under Section 16(4) of the GST Act. The decision is based on the retrospective modification implemented under the West Bengal GST (modification) Act, 2024, which provides much-needed relief to people […]
