Powerd By SAG INFOTECH
Notifications can be turned of anytime from browser settings
The Patna High Court recently annulled decisions made by the Goods and Services Tax (GST) Adjudicating and Appellate Authorities. This action was taken due to the authorities’ oversight in not adequately considering the evidence presented by the appellant to support their claim. Binay Rice Mill, operating under the name Sharda Ram Industries and led by […]
The Rajasthan High Court has annulled Point No. 2 of Circular No. 181/13/2022-GST, issued on November 10, 2022. This specific point restricted the claims for Input Tax Credit (ITC) related to the inverted duty structure for transactions made before July 18, 2022. A bench comprising Justices Dinesh Mehta and Sangeeta Sharma observed that the clarification […]
The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) permitted the claim of Long Term Capital Gains (LTCG) exemption u/s 54 of the Income Tax Act,1961 on the sale of an old flat, as the possession of the new flat was received within the specified period. The taxpayer, Payal Kishore Kulchandani, submitted her return reporting […]
The limitation for GST refund claimed under the wrong head ceases to apply from the date of correct payment, the Patna High Court has ruled. After reading Section 77 of the CGST Act, 2017, read with Section 19 of the IGST Act, Justices Rajeev Ranjan Prasad and Shailendra Singh viewed that the date of counting […]
Under the Goods and Services Tax (GST), a business entity can claim a refund of unutilized Input Tax Credit (ITC) even after it has been terminated. The court has ordered a refund of the unused GST ITC amounting to ₹4.37 crore. The bench of Justice Meenakshi Madan Rai observed that “in the instant matter there […]
The Delhi High Court has ordered the tax department to promptly release a refund related to the GST Input Tax Credit (ITC), along with interest. The court decided that the refund should not be delayed because there was no ongoing appeal or hold on the last decision made by the Appellate Authority, which authorised the […]
A batch of Special Leave Petitions filed by the Assistant Commissioner of Central Taxes has been dismissed by the Supreme Court of India, refusing to interfere with the Andhra Pradesh High Court’s decision, which clarified the availability of GST ITC refunds in cases of mismatches in the tax credit ledger. The applicant, Gemini Edibles and […]
In a ruling, the Jharkhand High Court determined that denying a claim for a refund of a regulatory pre-deposit made under Section 107(6)(b) of the GST Act is not legally sustainable if the claim was submitted after the two-year limitation period outlined in Section 54(1). The Division Bench comprising Chief Justice M.S. Ramachandra Rao and Justice […]
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 […]
