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Search results for: itc

Calcutta HC's Order for M/S. BBA Infrastructure Limited

Calcutta HC: GST Rule Under Section 16(4) Legally Valid Despite Overriding Effect of ITC Provisions

The Calcutta High Court upheld the constitutionality of Section 16(4) of the Central Goods and Services Tax Act, 2017, emphasizing the importance of adhering to time limits for filing Goods and Services Tax Returns over the legal right to claim Input Tax Credit (ITC). The order in appeal on 04.01.2023 is been contested by the […]

SWAMIH 2.0 and GST ITC Relaxation Ahead of Budget FY25

FY 25 Budget, NAREDCO Suggests ITC Relaxation Under GST for Projects

The National Real Estate Development Council (NAREDCO) has proposed to the finance ministry the creation of a second instalment for the Special Window for Affordable and Mid-Income Housing (SWAMIH) fund, allocating Rs 50,000 crore in the forthcoming FY 2024-2025 budget. They’ve also recommended additional budgetary aid and relaxations, such as enabling input tax credit within […]

Delhi HC's Order for Indian Oil Corporation Limited

Delhi HC Allows GST Refund to IOCL of Accumulated ITC Due to Inverted Duty Structure

The refund of ITC accumulated because of the inverted duty structure to the Indian Oil Corporation Limited (IOCL) is been permitted by the Delhi High Court. The tax rate levied on the inputs excluding LPG which are more compared to the GST rate levied on bottled LPG. ITC has accumulated based on the tax rate […]

Kerala HC’s Order for Chukkath Krishnan Praveen

Kerala HC Permits GSTR-3B Rectification as ITC Claimed as IGST Instead of SGST and CGST

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 […]

Allahabad HC’s Order for M/S Shree Krishna Traders

Allahabad HC: GST ITC Should Not Be Denied Due to Incorrect GSTIN in GSTR-1

The Hon’ble Allahabad High Court reviewed the matter of M/S Shree Krishna Traders Vs State of UP and another – 2023 (10) TMI 927 – Allahabad High Court and resolved the writ petition by overruling the impugned directive given. The court remitted the case back to the revenue division for further study, instructing them to […]

Gujarat GST AAAR's Order for The Varachha Co-Op. Bank Ltd

Gujarat AAAR: No GST ITC for Electrical Fittings, Fire Safety and Air Conditioning Equipment

The central air conditioning plant, lift, electrical fittings, and fire safety extinguishers are immovable property and do not qualify for input tax credit (ITC), Gujarat Appellate Authority for Advance Ruling (AAAR) noted. The petitioner, M/s. The Varachha Co-Op. Bank Ltd., furnished that they are building a new administrative building and incurring the cost of distinct […]

Andhra Pradesh HC’s Order for Tikona Infinet Private Limited

AP HC Dismisses Writ Petition for Manual ITC Claim, Emphasizes Electronic Submission via GST ITC 02 Form

The High Court of Andhra Pradesh has rejected the Writ Petition filed by an assessee opposing the rejection of the GST input tax credit (ITC) claim made manually instead of electronically submitting Form GST ITC 02. The court noted that the taxpayer did not provide evidence to the respondent even after being given an opportunity. […]

Kerala HC's Order for Raju Joseph

Kerala HC Directs Authority to Review Denial of ITC on Basis of Differences B/W GSTR 2A & 3B

The Kerala High Court has instructed the Assessing Authority to review the petitioner’s arguments based on Circular No.183/15/2022-GST dated 27.12.2022 from the Government of India, Department of Revenue. This directive was prompted by the petitioner’s denial of legitimate Input Tax Credit (ITC), which was solely due to variations in ITC figures between the GST returns […]

Deadlines for Claiming GST ITC and Reversal for FY 22-23

What to Do for Claiming GST ITC & Reversal for FY 22-23

Input Tax Credit (ITC) serves as a taxation mechanism, allowing businesses to offset taxes paid on inputs against the taxes due on their output. Essentially, it permits businesses to claim a credit for taxes paid on purchases, thereby reducing their overall tax burden. The limitations on Input Tax Credit (ITC) are detailed in GSTR-2B, Section […]

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