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The Delhi High Court has expressed concerns about the misuse of Section 16 of the CGST Act, 2017. Many traders have been taking advantage of this provision to wrongfully claim input tax credits, which is not permitted. This situation has raised alarms regarding fairness and legality in tax practices. Through the provisions, the businesses are […]
The Delhi High Court has strongly criticised the recurring trend of individuals who either fraudulently claimed Input Tax Credit (ITC) or facilitated such claims, and then sought to challenge penalty orders under Section 74 of the CGST Act, 2017, by misusing the Court’s writ jurisdiction on technical grounds. A division bench of Justices Prathiba M. […]
The Himachal Pradesh High Court dismissed Himalaya Wellness Company’s challenge to a 15-page show cause notice (SCN) issued under GST rules. The SCN sought to collect ₹4.37 crores in allegedly inadmissible input tax credit (ITC). The Division Bench of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja opined that acceptance of a show cause notice […]
According to the Delhi High Court, taxpayers cannot claim they were not allowed to be heard if they fail to check the GST portal for a show cause notice (SCN) and respond to it before an order is passed. A division bench comprised of Justices Prathiba M. Singh and Rajneesh Kumar Gupta stated thus. “Since […]
The Delhi High Court ruled that it was not appropriate for officials to confirm a demand for Rs 1.5 crores in GST just because the taxpayer did not attend a hearing. The court emphasised that the tax department should take into account the taxpayer’s request to postpone the hearing due to medical reasons. The applicant, […]
The Delhi High Court overturned an IGST demand on IndiGo’s reimported aircraft parts, acknowledging that these parts had already been subject to tax as an imported service. Taxpayer, Interglobe Aviation Ltd, was in the transportation of passengers and goods by air, sending goods for repair to Maintenance, Repair, and Overhaul (MRO) service providers outside India. […]
The Central GST Delhi South Commissionerate, in a GST fraud, arrested a South Delhi-based Chartered Accountant for producing a huge Rs 7.85 crore Input Tax Credit (ITC) scam involving circular trading and fake firms. The Ministry of Finance said in a statement that the CA has been remanded to judicial custody until May 21, 2025, […]
The Delhi High Court has decided that anyone, whether they need to pay taxes or not, can face penalties for avoiding the Goods and Services Tax (GST) under section 122(1A) of the Central Goods and Services Tax Act from 2017. A division bench of Justices Rajneesh Kumar Gupta and Prathiba M. Singh varied from the […]
The Patna High Court recently affirmed a GST assessment decision given by the State Tax Authorities. The court determined that there were no procedural or jurisdictional flaws in the case because no procedures were begun by the Central agency at the time the State order was issued. CTS Industries Limited, based in Begusarai, Bihar, has […]
