The High Court dealt with a case involving the rejection of a refund claim due to discrepancies between…

Case-Laws – GST – Highlights – The High Court dealt with a case involving the rejection of a refund claim due to discrepancies between the petitioner's GSTR 1 statement and GSTR 3B return. The Court found that no reasons were given for determining t

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

In a case before the High Court, the issue was the correctness of an order that was issued in the wrong…

Case-Laws – GST – Highlights – In a case before the High Court, the issue was the correctness of an order that was issued in the wrong name but with the correct GSTIN of the petitioner, Srinivasan Charitable and Educational Trust. The Court held tha

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

The High Court addressed a challenge to assessment orders where the petitioner lacked a reasonable…

Case-Laws – GST – Highlights – The High Court addressed a challenge to assessment orders where the petitioner lacked a reasonable opportunity to contest tax demands due to discrepancies in returns. The petitioner did not respond to a show cause noti

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

In a High Court case, the petitioner challenged an order due to inability to respond to show cause…

Case-Laws – GST – Highlights – In a High Court case, the petitioner challenged an order due to inability to respond to show cause notice or participate in proceedings because of cancer diagnosis. Discrepancy in GSTR 3B returns and auto-populated GST

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

The case concerned the classification of UKPSVEN as a local authority u/s CGST Act. The AAR ruled that…

Case-Laws – GST – Highlights – The case concerned the classification of UKPSVEN as a local authority u/s CGST Act. The AAR ruled that UKPSVEN does not qualify as a local authority as it lacks control over a municipal fund. It was established as a go

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

The High Court considered the liability of the petitioner u/s 73 (9) of the Central Goods and Services…

Case-Laws – GST – Highlights – The High Court considered the liability of the petitioner u/s 73 (9) of the Central Goods and Services Tax / Karnataka Goods and Services Tax Act, 2017. It was found that the petitioner was not provided with an opportu

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

The High Court examined the legality of penalty imposition u/s 74(1) and 74(5) of the CGST Act, 2017 for…

Case-Laws – GST – Highlights – The High Court examined the legality of penalty imposition u/s 74(1) and 74(5) of the CGST Act, 2017 for wrongly availed but unutilized Input Tax Credit. The petitioner reversed the amount post show cause notice issuan

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

HC rejected challenge to adjudication order denying ITC. Appellant, purchaser, argued valid tax invoice…

Case-Laws – GST – Highlights – HC rejected challenge to adjudication order denying ITC. Appellant, purchaser, argued valid tax invoice and taxes paid; if supplier's registration cancelled, ITC denial unfair. Appellant must prove goods movement for t

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

The High Court addressed the issue of violation of Right to Privacy and Human Rights in the context of…

Case-Laws – GST – Highlights – The High Court addressed the issue of violation of Right to Privacy and Human Rights in the context of guidelines for issuing summons. It emphasized the need for precautions when issuing summons. The Court directed GST

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

HC held that u/s 54 of CGST Act, 2017, failure to process IGST refund claim for goods exported is…

Case-Laws – GST – Highlights – HC held that u/s 54 of CGST Act, 2017, failure to process IGST refund claim for goods exported is impermissible. Shipping Bill serves as refund application. Proper officer must issue order within 60 days of complete ap

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

The High Court dismissed a petition regarding a refund claim made by the recipient of services supplied…

Case-Laws – GST – Highlights – The High Court dismissed a petition regarding a refund claim made by the recipient of services supplied by KG Foundation. The court held that GST is imposed on construction services on a forward charge basis on the ser

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

HC considered levy of tax, interest, and penalty on CMWSSB for supplying purified water. HC found issues…

Case-Laws – GST – Highlights – HC considered levy of tax, interest, and penalty on CMWSSB for supplying purified water. HC found issues with adjudication: 1) Misinterpretation of purified water supply, not exempt; 2) Lack of details on supply values

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

The High Court addressed the issue of violation of natural justice due to the respondent’s failure to…

Case-Laws – GST – Highlights – The High Court addressed the issue of violation of natural justice due to the respondent's failure to provide a personal hearing opportunity. The petitioner faced difficulties with the online portal, resulting in the i

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

The High Court found a violation of natural justice principles due to lack of reasoning in orders of…

Case-Laws – GST – Highlights – The High Court found a violation of natural justice principles due to lack of reasoning in orders of Assistant Commissioner and GST officer. The orders did not address the petitioner's claim of fraud by tax consultant,

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

The High Court addressed an issue u/s 73 (9) of the WBGST & CGST Act, 2017 regarding an error in…

Case-Laws – GST – Highlights – The High Court addressed an issue u/s 73 (9) of the WBGST & CGST Act, 2017 regarding an error in reporting Input Tax Credit on Import of Goods. The court found a bonafide error by the petitioners and noted the consulta

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

The High Court addressed the cancellation of the petitioner’s GST registration due to non-filing of…

Case-Laws – GST – Highlights – The High Court addressed the cancellation of the petitioner's GST registration due to non-filing of returns for 6 months. The court noted no tax evasion but dismissal of appeal on limitation grounds. Recognizing the ad

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

The High Court addressed a case involving a delay in filing an application for Revocation of…

Case-Laws – GST – Highlights – The High Court addressed a case involving a delay in filing an application for Revocation of cancellation of GST registration. The court considered the invocation of the proviso to Rule 23 of the Odisha Goods and Servi

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

The High Court considered a case regarding refund of Input Tax Credit. The petitioner’s refund…

Case-Laws – GST – Highlights – The High Court considered a case regarding refund of Input Tax Credit. The petitioner's refund application was rejected due to lack of supporting documents. The petitioner argued that due to portal closure, they couldn

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

The High Court addressed a challenge to assessment orders due to a mismatch in returns filed by the…

Case-Laws – GST – Highlights – The High Court addressed a challenge to assessment orders due to a mismatch in returns filed by the petitioner in GSTR 01 and GSTR 3B. The court found a violation of natural justice principles. The petitioner's attempt

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

The High Court considered the maintainability of an appeal u/s the GST Act. The appeal was dismissed due…

Case-Laws – GST – Highlights – The High Court considered the maintainability of an appeal u/s the GST Act. The appeal was dismissed due to a 152-day delay in filing. The court clarified that the appellate authority can condone delays beyond 120 days

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

The High Court considered the maintainability of a writ petition u/s Article 226 challenging a circular…

Case-Laws – GST – Highlights – The High Court considered the maintainability of a writ petition u/s Article 226 challenging a circular under the Central Goods & Services Tax Act. It held that the appellate authority lacks jurisdiction to declare a p

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

The High Court addressed a challenge to three separate orders, alleging a breach of natural justice…

Case-Laws – GST – Highlights – The High Court addressed a challenge to three separate orders, alleging a breach of natural justice principles. The petitioner responded to discrepancies during inspection by providing necessary documents. The assessme

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

The High Court addressed a challenge to a Show Cause Notice (SCN) in Form GST DRC-01 issued based on…

Case-Laws – GST – Highlights – The High Court addressed a challenge to a Show Cause Notice (SCN) in Form GST DRC-01 issued based on inspection and obtained statement. Court held no restriction on inspecting officer to issue SCN u/s GST enactments. D

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

The High Court considered the issuance of notice u/s 74(1), 122(2), and 125 of the CGST Act, 2017 u/s…

Case-Laws – GST – Highlights – The High Court considered the issuance of notice u/s 74(1), 122(2), and 125 of the CGST Act, 2017 u/s Rule 142(1) of the CGST Rules, 2017 for unpaid tax on Reverse Charge Mechanism (RCM) on cotton purchase from agricul

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

The High Court addressed a challenge to an assessment order u/s GST ASMT-10 due to non-submission of…

Case-Laws – GST – Highlights – The High Court addressed a challenge to an assessment order u/s GST ASMT-10 due to non-submission of required documents. The assessing officer rejected the petitioner's reply citing lack of reconciliation statements an

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =