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

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Delhi High Court - Limitation is determined by the dates of the substantive SCN and adjudication ord... Allahabad High Court - Central CGST authority had initiated proceedings first, the subsequent State... Madras High Court - Assessment order set aside for improper service of notices, as uploading notice... Gujarat AAR - Rice Husk Board is a fibre board under HSN 4411, not a particle board; Attracts GST @1...

GST

GST – AAR Tamil Nadu: Men’s Cotton Pyjama Sets Classified under HSN 620721, GST @5% on items below Rs. 1000/- and 18% otherwise [Order attached]

GST – Gujarat High Court: SEZ Units entitled to refund of ITC distributed by ISD for Zero-Rated Supplies [Order attached]

GST – Allahabad High Court: Payment under protest does not extinguish the officer’s obligation to issue an order in MOV-09/DRC-07, without it, assessee loses the right to challenge the penalty [Order attached]

GST – Allahabad High Court: Excess stock found during survey cannot attract confiscation under Section 130; only assessment under 73/74 permissible [Order attached]

GST – Allahabad High Court: Neither the adjudicating nor appellate authority recorded any finding that the petitioner acted with fraudulent intent or suppression of facts; Proceedings under Section 74 held invalid [Order...

GST – Allahabad High Court: Once selling dealer’s registration was valid at the transaction time and the purchaser paid tax through banking channels, no adverse inference could be drawn against the purchasing dealer mere...

GST – Allahabad High Court: Expiry of E-Way bill during transit due to driver’s ill health does not indicate intent to evade tax [Order attached]

Allahabad High Court: In absence of enquiry to establish reuse of documents in relation to expired e-way bill, seizure cannot be permitted [Order attached]

Allahabad High Court: Adjudication under Wrong GSTIN and tax demand exceeding proposed liability held invalid [Order attached]

Gujarat AAR - ITC allowed on underground transmission cables, switchyards, and related equipment being movable and relocatable [Order attached]

Allahabad High Court: SCN issued under Section 74 held invalid being lacking allegation of fraud, willful mis-statement or suppression [Order attached]

Gujarat AAR – Transfer of the redevelopment project with its operations on a going concern is exempt from GST [Order attached]

Gauhati High Court - Bail granted in GST fake invoicing worth 658 Cr; Held Custodial interrogation not required [Order attached]

GST - Delhi High Court – The audit report was only communicated after due date, but since has been prepared within time limit , the same is not beyond limitation [Order attached]

Gujarat AAR – Consultancy Services to R&B Department being unrelated functions under Eleventh and Twelfth Schedules of the Constitution is not exempt from GST [Order attached]

GST – Telangana High Court: Multiple or overlapping assessment orders for same tax period is invalid; SOP notified for rectification under Section 161 TGST Act [Order attached]

GST – Allahabad High Court: Lien on bank account invalid as best judgment assessment stood withdrawn after timely filing of returns and payment of dues [Order attached]

GST - Bombay High Court: GST levy on ocean freight being unconstitutional, interest allowed from the date of payment of tax [Order attached]

Delhi VAT – Supreme Court: Bona fide purchasing dealer entitled to ITC even if selling dealer defaults in tax payment [Order attached]

High Court of J&K: If the reply to SCN is received before passing the order under Section 73(9), the officer must consider it in the interest of justice and fairness [Order attached]

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