GST Portal, e-Invoice Login & ITC Updates – Taxrealtime

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Himachal Pradesh High Court: Once either Central or State GST authority initiates adjudicatory proce... Jammu & Kashmir and Ladakh High Court: While the petitioner claimed hospitalization of his father, t... Bombay High Court - Corporate guarantee issued by a parent company to its subsidiaries without recei... Andra Pradesh High Court - Unsigned GST assessment orders are invalid in law; Delayed writ petitions...

GST

Himachal Pradesh High Court: Once either Central or State GST authority initiates adjudicatory proceedings on a dispute, parallel proceedings by the other authority are barred; Diected both Central and State GST authorit...

Jammu & Kashmir and Ladakh High Court: While the petitioner claimed hospitalization of his father, the attached medical documents only reflected private consultations; Appeal filed beyond statutory limitation period can...

Bombay High Court - Corporate guarantee issued by a parent company to its subsidiaries without receiving any fee, commission, or consideration cannot be treated as a taxable supply [Order attached]

Andra Pradesh High Court - Unsigned GST assessment orders are invalid in law; Delayed writ petitions can be entertained where the order suffers from a patent defect [Order attached]

Jharkhand High Court - ITC denied for delayed GSTR-3B filing can be reconsidered in light of retrospective relief granted under newly inserted Section 16(5) [Order attached]

Bombay High Court - GST proceedings against a ceased company due to amalgamation is void ab initio and liable to be quashed [Order attached]

Delhi High Court - Education consultancy and recruitment services rendered to foreign universities cannot be treated as “intermediary services” merely because Indian students are incidentally involved [Order attached]

AAR Gujarat: Since Notification referred only to “fuel”, concessional rate cannot be extended to electric bus services - Electric bus rental services with operators taxable at 18% [Order attached]

Bombay High Court: Second GST refund application cannot be rejected merely because a prior application covered the same period [Order attached]

Gujarat High Court: Section 16(2)(c) is constitutionally valid, ITC is denied if the supplier fails to deposit tax; Rule 37A allows to re-avail ITC, ensuring no permanent loss to purchaser [Order attached]

Calcutta High Court: False declaration in e-way bill and improper documentation can attract penalty under Section 129, even without proving intent, and state authorities have jurisdiction in transit goods through their t...

Bombay High Court: Consolidated GST SCN under Section 73 and 74 for multiple financial years may be valid if limitation requirements for each year are independently satisfied [Order attached]

Madras High Court: GST authorities cannot pass two separate assessment orders for same taxpayer, same discrepancies, and same assessment year; Permitted to continue proceedings only of later assessment order [Order attac...

AAR Gujarat: Private coaching classes providing supplementary education to school students are not treated as “educational institutions”, taxable at 18% [Order attached]

Delhi High Court: Consolidated GST show cause notices covering multiple financial years are legally permissible under Section 74 [Order attached]

Andhra Pradesh High Court: Solar Power Generating System contracts must be taxed using the statutory 70:30 GST mechanism, Department cannot levy 18% GST on the entire contract merely because separate invoices were issued...

Telangana High Court: Since consistent approach is essential, authorities cannot adopt a contrary stand in subsequent refund claims; Directed to reconsider refund claim of unutilized compensation cess [Order attached]

Bombay High Court: Damages paid under an arbitral award for breach of contract not liable to GST, not covered under tolerating an act [Order attached]

AAAR Gujarat: ITC on GST paid for lease of land used for factory construction is completely blocked, regardless of timing, usage, or vacant portions [Order attached]

Andra Pradesh High Court: Transitional CENVAT credit available before GST cannot be denied by misinterpreting Section 140(5) while ignoring Section 140(1) [Order attached]

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