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Search results for: Madras High Court

Madras HC's Order In the Case of M/s. Poomika Infra Developers vs. State Tax Officer

Madras HC Upholds Validity of GST Notice and Order Served via Web Portal U/S 169

The Madras High Court held that, according to Section 169 of the GST Act, service of notices and orders through the Common Web Portal is a valid mode of service. The claim that the GST portal is not specified as a “designated computer resource of the assessee” has been rejected by the bench. Therefore, under […]

Madras HC's Order In Case of D.S.Engineering Vs Deputy State Tax Officer-2

Madras HC Quashes Order Over GST Return Mismatch; Orders Rehearing After 10% Tax Deposit

D.S. Engineering has filed a writ petition challenging a GST order issued by the Deputy State Tax Officer-2, asserting that it violates the principles of natural justice. The company, which operates in the machinery and engineering components trading sector, has furnished its GST returns and paid taxes for the 2019-20 period. Discrepancies were discovered between […]

Madras HC's Order In Case of Ms Shanker Impexx vs. The Assistant Commissioner

Madras HC: Late GSTR-3B Filing Not Grounds to Deny GST ITC Post CGST Act Amendment

The High Court of Madras quashed the refusal of the GST Input Tax Credit (ITC) for late filing of GSTR-3B, mentioning the retrospective revision to the Central Goods and Services Tax(CGST) Act,2017. The applicant, Shanker Impexx, had contested the order passed by the first respondent dated 19.04.2023. The counsel of the petitioner said that the […]

Madras HC's Order In the Case of Sts-Kec(Jv) vs. State Tax Officer

Madras HC: 12% GST Applies to Works Contracts for Track Doubling & Infrastructure Under RVNL

In a recent ruling, the Madras High Court held that a works contract involving track doubling and associated infrastructure development under the purview of Rail Vikas Nigam Limited (RVNL) is subject to 12% GST, not 18% as claimed by the tax authorities. Justice Mohammed Shaffiq, delivering the judgment, emphasized that while exemption notifications should be […]

Karnataka HC's Order in The Case of M/s. S K Takappa S/O Kalappa vs Assistant Commissioner of Commercial Taxes (Appeals)

Karnataka High Court Affirms Validity of GST Appeal Filed on 90th Day from Email Communication

In a GST appeal case, the Karnataka High Court has intervened, asking the Assistant Commissioner of Commercial Taxes (Appeals) to hear the appeal filed by S K Takappa on its merits. An order passed under Section 73(9) and 73(10) of the CGST/SGST Act, 2017, has been contested by the applicant, a registered dealer, claiming that […]

Madras HC's Order in The Case of M/s.Gillette Diversified Operations Private Limited vs. The Joint Commissioner of GST and Central Excise

Madras HC: GST Refund Claim Cannot Be Denied Based on Retrospective Application of Rule 90(3) Proviso

Discovering that the GST refund claim was filed within 2 years from the “relevant date” as specified in Explanation 2(a) to Section 54(14) of the CGST Act, the Madras High Court clarified that a refund claim cannot be refused based on the retrospective operation of the Proviso to Rule 90(3) of the CGST Rules. The […]

AP HC's Order In The Case of Sri Durga Granites V/S The Deputy Assistant Commissioner and Others

AP High Court: GST Notice Under Rule 142(1)(A) Mandatory Before SCN

The Andhra Pradesh High Court stated that a tax notice under Rule 142(1)(A) of the CGST Rules must be issued before a proper GST show cause notice. The Division Bench of Justices R. Raghunandan Rao and K Manmadha Rao was addressing a case where a notice under Rule-142(1)(A) of the CGST Rules was not issued […]

Madras HC's Order in Case of The Assistant Commissioner of Customs vs. M/s.Modern India Products

Madras HC: IGST Refund Claim Valid Alongside Duty Drawback Under Sections 74 & 75

The Hon’ble Madras High Court of Madurai Bench in the case of M/s Modern India Products v. The Assistant Commissioner of Customs House IGST Section & Ors. [Writ Appeal (MD) No. 1559 of 2021 dated February 21, 2025], has permitted the refund claim via the taxpayer of the Integrated Goods and Services Tax (“the IGST”) […]

Bombay High Court In Case of NTT Data Business Solutions Pvt Ltd vs. Union of India

CBIC Extended SCN and Order Deadlines; Bombay High Court Stays Garnishee GST Notice

The Bombay High Court citing CBIC Notification No. 56/2023-Central Tax dated December 28, 2023, which extended the deadline for issuing show cause notices (SCNs) and orders, granted an interim stay on the garnishee notice. The State Tax Officer, Thane Division, Thane (Respondent No. 3) issued a Garnishee GST Notice in Form DRC-13 dated February 14, […]

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