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Search results for: Goods and Services Tax

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 […]

Karnataka HC Order in The Case of Edge Solutions vs The Joint Commissioner

Clubbing of Tax Periods in Single GST SCN Not Allowed: Karnataka HC

The Karnataka High Court has cancelled a GST (Goods and Services Tax) demand order. This decision came after it was found that tax officials mistakenly combined several different tax periods into one single notice, which is not allowed under the law. The bench of Justice S.R. Krishna Kumar has stated that any proceedings commenced pursuant […]

Allahabad HC's Order in The Case of M/S Lymer Enterprises vs. State of UP

Allahabad HC Declines Writ Jurisdiction in GST Seizure Case, Mandates Use of Statutory Appellate Channels

The Allahabad High Court has refused to exercise its writ jurisdiction under Article 226 of the Constitution in a Goods and Services Tax (GST) dispute, which includes the seizure of goods and a vehicle, holding that the applicant should take the statutory appellate remedy as disputed questions of fact were concerned. The bench of Justice […]

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 […]

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 […]

Madras HC's Order In The Case of Uma Sigamani vs. The Commercial Tax Officer

Non-Filing Due to Ill-Health and Financial Hardship: Madras HC Restores GST Registration

The Madurai Bench of the Madras High Court has overturned a decision to cancel a business’s Goods and Services Tax (GST) registration. The cancellation had happened because the business had repeatedly failed to file its tax returns. Justice Krishnan Ramasamy has ruled that financial difficulties and ill-health problems can be valid reasons for missing important […]

Delhi HC's Order In the Case of M/s Era Infra Engineering Limited vs. Joint Commissioner CGST

Delhi HC Quashes GST Demand Notices, Holds Pre-IBC Statutory Dues Stand Extinguished

The Delhi High Court has quashed demand‑cum‑show cause notices and consequential orders issued via the Goods and Services Tax (GST) Department against the applicant, keeping that statutory dues for periods before the approval of a resolution plan under the Insolvency and Bankruptcy Code (IBC) stand extinguished. The court stated that after a resolution plan is […]

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