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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 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 […]
The Madras High Court has addressed the GST (Goods and Services Tax) demand that arose due to discrepancies in the Income Tax Return (ITR) Form 26AS, inconsistencies in the Input Tax Credit (ITC) shown in GSTR-2A, and ITC reversals resulting from received credit notes. The court has directed the petitioner to seek resolution from the […]
The Allahabad High Court, relying on the Supreme Court’s decisions in Vaibhav Goyal & Another vs. Deputy Commissioner of Income Tax & Another, ruled that the claims of the Goods and Services Tax Department are restricted after the approval of the resolution plan by the National Company Law Tribunal (NCLT). In the case of Vaibhav […]
The Allahabad High Court has charged Rs. 20,000 on the SGST Joint Commissioner, Ghaziabad, who had issued a GST SCN without fixing the date and time for a personal hearing. Additionally, the commissioner passed an order under Section 74 of the Goods and Services Tax Act, 2017, demanding more than Rs. 5 crore, while neglecting […]
The Allahabad High Court stated that if the seller was a GST-registered dealer at the time of the transaction, no adverse inference could be drawn against the purchasing dealer due to the subsequent cancellation of the seller’s registration. Justice Piyush Agrawal Ruled “Once the seller was registered at the time of the transaction in question, […]
The Orissa High Court, in a recent judgment, has mandated the revocation of a registrant’s cancelled Goods and Services Tax (GST) registration. This decision is contingent upon the registrant’s clear willingness to pay all outstanding taxes, interest, late fees, penalties, and any other amounts required for the department to process his GST forms. The applicant […]
In India, the Goods and Service Tax (GST) was introduced for diverse assessment provisions. The tax collection and legislation process. The provisional attachment of bank accounts u/s 83 of the CGST Act 2017 is one of the most controversial parts of GST enforcement. The same blog tries to look into the statutory framework that regulates […]
