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Search results for: GST Act

Allahabad HC's Order for Malik Traders

Allahabad HC: For Claiming GST Credit, Petitioner Must Prove the Transaction’s Genuineness Beyond Any Doubt

The Allahabad High Court’s recent ruling stipulates that an assessee is ineligible to claim input tax credit unless they successfully demonstrate unambiguous proof of the actual transaction and the physical movement of goods. Referring to Sections 16 and 74 of the UP Goods and Service Tax Act, 2017, Justice Piyush Agrawal stated that “it is […]

Allahabad HC's Order for M/S Ennkay Timbers

Allahabad HC: Re-active GSTIN as Non-filing of Return within Time Due to Health Issues

The Allahabad High Court has ordered the reinstatement of the GST registration of a business entity that was unable to file its returns on time due to extenuating circumstances. The Court acknowledged that the petitioner’s mother and sister had passed away after suffering from a prolonged illness, causing significant mental and financial strain on the […]

Delhi HC's Order for M/s. Indian Herbal Store Pvt. Ltd

Delhi HC: Modification to GST Rule 89(4)(c) is Not Retroactive, Which Caps “Export Turnover” and Restricts Refunds

The Honorable Delhi High Court, in the matter of M/s. Indian Herbal Store Pvt. Ltd. vs. Union of India [W.P.(C) 9908/2021 and W.P.(C) 9912/2021 dated September 15, 2023], granted the writ petition and ruled that Rule 89(4)(C) of the Central Goods and Services Rules, 2017 (“the CGST Rules”) should not be applied retrospectively. The Honorable […]

18% GST on OIDAR Services from 1st Oct 2023

18% IGST Will Attract on Imported Online Services from 1st Oct

Starting from October 1st, there will be an 18% Integrated Goods and Services Tax (IGST) imposed on the import of online services for personal use from offshore digital service providers. These providers include software vendors, content streaming platforms, social media companies, and search engines that host advertisements. This new tax regulation is by a directive […]

Jaipur ITAT’s Order for M/s. Manglam Arts

ITAT: Late GST Payment is Not Considered a Penalty and Can Be Deducted U/S 37 of the I-T Act

The late payment of Tax collection at source (TCS) and Goods and Services Tax (GST) does not constitute a penalty and should, in fact, be eligible for deduction under Section 37 of the Income Tax Act, 1961, the Jaipur bench of the Income Tax Appellate Tribunal (ITAT) recently ruled. The taxpayer involved in this case […]

2-factor Authentication Mandatory for AATO Over Rs. 20 Cr Under GST

GST Taxpayers: AATO Over INR 20 Cr Required to Use 2-factor Authentication from Nov 20

The GST e-invoice system has been updated, mandating two-factor authentication for all taxpayers with an Annual Aggregate Turnover (AATO) above Rs. 20 crores. It will be effective from November 20th, 2023. The National Informatics Centre (NIC) has released a similar updation of the requirement for two-factor authentication, applying to taxpayers with an AATO above 100 […]

Karnataka GST AAR''s Order for Orient Cement Limited

Karnataka AAR: The Usage of Gold as an Incentive Will Attract GST

Businesses providing incentives to their dealers, in the form of gold coins, could face tax consequences under the goods and services tax (GST) on the grounds of a decision by the Karnataka Authority for Advance Ruling (AAR). In the Orient Cement case, the AAR noted that these incentives given by companies to dealers should be […]

GST AAR's Order for Punjab State Transmission Corporation Ltd

PB AAR: Electricity Transmission Lines Would Attract 18% GST on Shifting

The Punjab Bench of the Authority for Advance Ruling (AAR), in the case of Punjab State Transmission Corporation Ltd. has ruled that shifting of Electricity Transmission Lines is subject to GST. The assessee is operating the business of Transmission of electricity which is not under the law, vide GST Notification No. 12/2017 released on 28th […]

Delhi HC's Order for Ashish Garg Proprietor Shri Radhey Traders

Cancelling GST Registration Retroactively Without a Valid Reason is Arbitrary

The Delhi High Court’s recent ruling in the case of Ashish Garg, the Proprietor of Shree Radhey Traders Vs the Assistant Commissioner of State Goods and Services Tax (SGST), Delhi Zone-7 Ward-82 in 2023 (7) TMI 1229, established that while the Revenue Department has the authority to cancel GST registration from retrospective date, such action […]

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