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The Calcutta High Court has permitted a revocation application of the applicant before a proper officer in a case of the cancellation of his Goods and Services Tax (GST) registration. Due to the incorrect claim of the ITC in breach of Section 16 of the GST Act, 2017, the registration was cancelled. The court did […]
The Calcutta High Court has partly refused an appellate order given under the West Bengal GST regime. The HC figured that the appellate authority unlawfully raised the assessee’s tax penalty without furnishing the requisite option for a hearing, thereby violating Section 107(11) of the CGST and WBGST Act of 2017. The bench of Justice Om […]
The petitioner, Shree Ambica Auto Sales And Service and another party, purchased vehicles and received a benefit called input tax credit (ITC) based on official tax invoices from their supplier. Later on, the supplier provided credit notes to the petitioners as a way to give discounts after the sale, as part of a promotional sales […]
In India, the digitalisation of GST compliance has created both opportunities and challenges for businesses, leading them to rely on private GST software as well as the official GST Network (GSTN) portal to manage their returns efficiently. Both solutions aim to facilitate GST compliance, but they differ significantly in functionality and usability. Recognising these differences […]
The Madras High Court has overturned a GST demand relating to a corporate guarantee, determining that the tax authority failed to take into account the CBIC circulars cited by the taxpayer during the assessment process. Justice G R Swaminathan, while permitting the writ petition, held that an assessment order could not stay if the tax […]
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 […]
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 […]
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 […]
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 […]
