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Search results for: GST Act

Calcutta HC's Order In Case of M/s. Prakriti Eminent Height LLP vs. Senior Joint Commissioner of Revenue & Ors

Calcutta HC Stays 10% Pre-Deposit Recovery in Challenge to Time-Barred GST Demand U/S 73

The Calcutta High Court has granted interim relief in a challenge to a time-barred demand made under Section 73 of the West Bengal Goods and Services Tax Act, 2017 (WB GST Act), by temporarily halting the recovery process and directing the deposit of 10% of the disputed tax amount so that it may fully consider […]

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 […]

Gujarat GST AAR's Order for Sadbhavana Seva Foundation

Gujarat AAR: GST Exemption for Tree Plantation in Non-Forest Areas by Charitable Trusts

The Gujarat Authority for Advance Ruling (AAR) has announced that activities related to planting and caring for trees by a Trust in places that aren’t classified as forests can be exempt from GST. This includes areas like empty land, along roads, in the middle of lanes, on private property, and other suitable spots that the […]

5% GST Rate Likely on Air and Water Purifiers in Upcoming Council Meeting

Council May Reduce GST Rate from 18% to 5% on Air and Water Purifiers

In the next 57th meeting, the GST council may acknowledge a tax reduction on air and water purifiers because of the poor air quality across the country, and access to safe drinking water remains uneven. The council can analyse reducing the goods and services tax (GST) on air and water purifiers for domestic use from […]

IndiGo Slapped with ₹458 Crore GST Penalty

IndiGo Receives ₹458 Cr GST Order U/S 74; Airline Confirms Intent to Appeal

A GST penalty of more than Rs 458 crore by authorities has been imposed on the country’s largest airline, IndiGo, and the same can challenge the decision. According to a recent regulatory filing, the Additional Commissioner of CGST (Delhi South Commissionerate) has issued a tax demand and penalty against the company. The order was passed […]

Madhya Pradesh HC's Order in The Case of Amara Raja Batteries Limited vs. The State of Madhya Pradesh and Others

MP High Court Upholds Validity of 100% GST Penalty for Incorrect E-Way Bill Destination

The Madhya Pradesh High Court has ruled that if a GST E-way bill contains an incorrect destination city, it cannot simply be considered a minor typing error, especially if the goods have travelled significantly beyond the stated location. According to Section 129 of the Goods and Services Tax Act, imposing a penalty of 100% is […]

Karnataka HC's Order in the Case of Hindustan Construction Company Ltd. Vs. Union of India

Mere Bona Fide Mistakes in GSTR-3B Can’t Automatically Trigger GST Section 73 Proceedings: Karnataka HC

The Karnataka High Court in Hindustan Construction Company Ltd. v. Union of India, decided in Writ Petition No. 22377 of 2022, analysed whether bona fide errors committed by the taxpayer at the time of filing GSTR-3B returns can explain the initiation of the proceedings u/s 73 of the CGST/KGST Act. The case was heard and […]

Allahabad HC's Order in The Case of M/S Raghuvansh Agro Farms Ltd. vs State of U.P. and 2 others

GST Returns & E-Way Bills Sufficient to Prove Movement of Goods, Toll Plaza Receipts Not Required: Allahabad HC

The Allahabad High Court, production of toll plaza receipts is not mandatory to establish the actual movement of goods when transactions are supported by valid e-way bills, tax invoices, banking-channel payments, and proper disclosure in GST returns. The Court then ruled that State GST authorities could not investigate or adjudicate cases of Central GST taxpayers […]

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