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The Calcutta High Court in a recent statutory development has provided a significant judgment for the case of Sunil Kumar Poddar vs. Additional Commissioner (Appeal) pertinent to the rejection of a Goods and Services Tax (GST) refund. The applicant has been involved in zero-rated goods supply asking for a refund of the unused ITC however […]
Introduction For CGST– the Calcutta High Court In a significant legal development directed the pivotal judgment for the case of Mohammad Shamasher vs. State of West Bengal & Ors., challenging penalties imposed under Section 129 of the State Goods and Services Tax (GST) Act. This case is about the detention of an escalator machine (JCB) […]
The recent ruling by the Kerala High Court in the matter of Tyre India Spare India vs State Tax Officer examined the constitutional validity of Section 16(4) of the GST Act. The petitioner contested the denial of the Input Tax Credit (ITC) and the application of Section 16(4) in certain scenarios, seeking various reliefs. This […]
The Hon’ble Delhi High Court in the case of Varyam Dass Khurana v. Commissioner of GST, New Delhi [W.P. (C) No. 15670 of 2023 dated December 05, 2023] ruled that the cancellation of registration must take effect from the issuance date of Show Cause Notice, and not retrospectively. Key Information Late Mr. Varyam Dass Khurana […]
The Delhi High Court has ruled that denying an input tax credit (ITC) refund solely due to the absence of authenticated documents is not permissible. Justices Sanjeev Sachdeva and Ravinder Dudeja highlighted that although the petitioner had uploaded the necessary documents, the system failed to register them. Despite submitting the documents along with a response, […]
The Madras High Court has directed the reinstatement of Goods and Service Tax (GST) registrations that were previously cancelled due to non-payment of tax. However, revival is contingent upon clearing any outstanding tax dues. M/S Smt Ready Mix Concrete, the petitioner in this case, contested the actions of the 1st respondent. They aimed to invalidate […]
The order cancelling the GST registration of the applicant was passed in breach of the principles of natural justice and is therefore obligated to be set aside, Delhi High Court ruled. The judicial bench comprising Justice Vibhu Bakhru and Justice Amit Mahajan noted that if the petitioner’s GST registration is reinstated, the petitioner would need […]
TJ Vinod, the assessee, has been directed by the Kerala High Court to appear before the Commissioner of Income Tax regarding the rejection of their application for registration under Section 12A of the Income Tax Act, 1961. In the present writ petition, the petitioner seeks to challenge the order dated 18.9.2023. This order rejected the […]
On December 13th, 2023, the Central Board of Indirect Taxes and Customs (CBIC) issued a directive instructing officials that the application of section 74(1) of the CGST Act for issuing show cause notices should only occur when investigations reveal concrete evidence of fraud, deliberate misrepresentation, or withholding of facts to avoid tax. Furthermore, this evidence […]
