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Search results for: GST Act

NIC Requires E-Invoice/IRN Details for Specific GST Payers to Generate E-Way Bills

Can’t Make GST E-Way Bills Without e-Invoice/IRN Details Especially for B2B and B2E Transactions

Starting March 1, 2024, the National Informatics Centre (NIC) has announced that certain GST payers must have e-invoice details to generate GST e-way bills. This requirement applies specifically to e-invoice-enabled taxpayers involved in B2B and export transactions. However, for other transactions like B2C, the e-way bill process remains unchanged, operating as usual. Currently, businesses with […]

Madras High Court's Order for M/S Smt Ready Mix Concrete

Madras HC Directs the Reactivation of GST Registrations That Were Canceled Due to Non-Payment of Tax

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 […]

GST Non-payment Cannot Invoke Section 74(1)

A Non-payment of GST Cannot Instigate an Action Under Section 74(1)

Section 74(1) of the Central Goods and Services Tax Act, 2017 states that if the proper officer suspects non-payment, short payment, erroneous refund, or wrongful availing/utilization of input tax credit due to fraud, willful misstatement, or suppression of facts to evade tax, they must serve a notice to the person liable for the unpaid tax […]

Benefit to Industry If Electricity Comes Under GST Regime

Deloitte Report Shows Positive Impact If Electricity Comes Under GST

The government is exploring the inclusion of electricity within the goods and services tax (GST) framework. The Union Power Ministry is actively assessing its potential effects on various fronts such as industry, state revenues, and household electricity expenses. Historically, electricity, along with commodities like petrol, diesel, and natural gas, has existed outside the realm of […]

Delhi HC's Order in Case of Pratima Tyagi Vs GST Commissioner

Delhi HC: Some Factual Criteria Must Underlie Before Decision of GSTIN Cancellation

The decision to cancel the GST registration with the retrospective effect should be based on certain objective criteria, the Delhi High Court ruled. Justice Vibhu Bakhru and Justice Amit Mahajan noted that the petitioner’s GST registration was revoked due to a six-month lapse in filing returns, despite the petitioner regularly fulfilling this requirement during that […]

Bombay HC's Order for Star Engineers (I) Pvt. Ltd

Bombay HC Permits Rectification of Factual Mistakes in GSTR-1 Beyond Specified Time

A GST assessee is permitted by the Bombay High Court to amend the bonafide mistake in the GST Form GSTR-1 beyond the set time duration. The petition contested a communication dated 27th September 2023 from the respondent-Deputy Commissioner, State Tax. In response to the petitioner’s application to modify or amend form GSTR-1 for the financial […]

Delhi HC's Order for Bhagat Ram Om Prakash Agro Pvt Ltd

Delhi HC: Roving Inquiry Per Order of Special Judge (PC Act) by GST Dept

The Delhi High Court has set aside the special judge’s instructions to carry out an extensive investigation by the GST department in the absence of any strict provisions. The panel comprising Justice Vibhu Bakhru and Justice Amit Mahajan noted that, besides the directions given on April 5, 2023, there were no justifications for the respondent […]

GST E-Invoice for B2C Transactions in Upcoming Years

GST E-Invoice Will be Mandatory in 2-3 Years for B2C Transactions

According to an official, the government is expected to introduce a mandatory requirement for businesses to generate electronic or GST E-invoices for B2C transactions within the next 2-3 years. Presently, for companies with a turnover of Rs. 5 crores and above, it is mandatory to issue e-invoices for their Business-to-business (B2B) sales and purchases. The […]

Infrastructure Cos Seek Legal Redress on 18% GST on Corporate Guarantee

Infrastructure Firms Consider Legal Action Against GST Council’s Decision on Corporate Guarantee Tax

Several infrastructure firms are poised to pursue legal action following the Goods and Services Tax Council’s decision to impose an 18% GST on corporate guarantees provided by holding companies to their subsidiaries. Reports suggest that numerous major infrastructure companies are gearing up to lodge writ petitions in the Supreme Court, aiming to challenge and review […]

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