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HP HC's Order In the Case of M/s Shivalik Containers Pvt. Ltd. Vs. Assistant Commissioner

HP HC Sets Aside GST Demand of INR 16.72 Lakh in Alleged Illegal ITC Case

The Himachal Pradesh High Court has refused a GST demand order of ₹16.72 lakh that was charged on Shivalik Containers Pvt. Ltd. for the alleged wrong utilisation of Input Tax Credit (ITC). As per the court, the subsequent tax filing, including an interest via the supplier, could not be overlooked while analysing the sustainability of […]

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 […]

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 […]

Madras HC Order In The Case Of Ms Amman Try Trading Company Private Limited vs The State Tax Officer

Madras HC Quashes GST Demand on Corporate Guarantee Over Ignored CBIC Circulars

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 […]

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 […]

Allahabad HC's Order In the Case of M/S Prakash Medical Stores vs. Union of India

Allahabad HC Cancels GST Order, Excludes Rectification Period for Appeal Under Section 107

The Allahabad High Court recently rejected a GST order, showing that when a rectification application is presented within the statutory limitation period and is followed in good faith, the period for which it stays pending during adjudication shall be excluded from the computation of the limitation period for filing a following appeal under section 107 […]

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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