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Search results for: GST authorities

Bombay HC's Order in The Case Of Aerocom Cushions Private Limited vs. Assistant Commissioner (Anti-Evasion)

Bombay HC Clarifies GST Not Applicable on MIDC Plot Transfers to Third Parties

The Nagpur Bench of the Bombay High Court has provided relief to the business community, especially in Maharashtra, by holding that GST is not applicable on the transfer of plots allotted by the MIDC to third parties. This judgment clears long-standing confusion caused by GST notices issued to several companies over the years. The ruling […]

Gujarat HC's Order in The Case of Shree Ambica Auto Sales And Service & Anr. vs. Union Bank of India & Anr

Gujarat HC: Rectification Allowed for Bona Fide and Inadvertent Errors in GST Returns

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 […]

Orissa HC's Order in The Case of Jindal Steel Limited vs Commissioner Commercial Taxes and Goods and Service Tax

Orissa HC Relief for Jindal Steel in GSTR-3B vs GST E-Way Bill Mismatch Dispute

The Orissa High Court recently criticised the automatic rejection by the Goods and Services Tax (GST) authorities of a rectification application submitted by Jindal Steel. This application addressed a noted discrepancy between the tax amounts reported in GSTR-3B and the E-way Bill on the portal. Jindal Steel is a recognised entity in the Indian iron […]

GSTN vs. GST Software: How They Differ

GST Software vs GSTN: Main Key Differences Explained

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 […]

Tripura HC's Order in The Case of M/S. Sahil Enterprises vs. Union of India

Tripura HC: GST ITC Can’t Be Denied to Buyers Due to Supplier’s Filing Defaults

The Tripura High Court has ruled that Input Tax Credit (ITC) cannot be denied to a bona fide purchaser solely due to the supplier’s failure to file GST returns. The Court observed that Section 16(2)(c) of the CGST Act does not distinguish between compliant suppliers and bona fide buyers, and therefore penalising the buyer for […]

Karnataka HC's Order in The Case of M/S Ramms India Private Limited Versus The Deputy Commissioner Of Commercial Taxes

Karnataka HC Quashes Coercive GST Recovery Against Third Party, Upholds Corporate Separateness

Reaffirming the doctrine of corporate separateness and the need for strict adherence to procedural safeguards under GST law, the Karnataka High Court set aside a coercive recovery action initiated against a third-party company that was not the defaulting assessee. The Court held that the GST Department cannot recover the tax dues of one company from […]

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 The Case of Hooghly Motors Pvt. Ltd. vs. The State of West Bengal & Ors

Calcutta HC: GST Refund Under Section 54 Allows for ITC on E-Rickshaw Stereo Systems

In a recent decision, the Calcutta High Court held that stereo systems used in the manufacturing of e-rickshaws qualify as ‘inputs’ under the GST framework and are eligible for a refund of unutilised Input Tax Credit (ITC) under Section 54(3)(ii) of the GST Act, 2017. The applicant, Hooghly Motors Pvt. Ltd., had asked for a […]

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