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

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Delhi High Court - Corrigendum can rectify an apparent portal error under Section 161 without creati... Punjab and Haryana High Court - Matter of fake ITC - Company must be arraigned as an accused before... Madras High Court - ITC on construction for leasing cannot be rejected without considering the Supre... Delhi High Court - ITC blocked under Rule 86A cannot itself be treated as payment of the Section 107...

GST

GST - Delhi High Court: A valid SCN must disclose reasons, factual basis, and grounds for invoking Section 73; a template notice is legally insufficient - Quashes ex-parte GST assessment [Order attached]

GST - Delhi High Court: No further penalty leviable once tax and interest is paid under Section 74(5) prior to issuance of show cause notice [Order attached]

GST - Allahabad High Court: Non-filling of Part B due to a technical error cannot attract penalty under Section 129(3) without specific findings of tax-evasion intent [Order attached]

GST - Gujarat AAR: Fusible interlining cotton fabrics classifiable under Chapter 52 and not under 59 [Order attached]

GST – Allahabad High Court holds taxable event of works contract is its execution, which is in pre-GST regime; Reliance on Form 26AS to demand GST held invalid [order attached]

GST – Allahabad High Court: Confiscation of goods and vehicle is illegal merely for violation of Section 35 (non-maintenance of accounts); tax liability must first be determined under Sections 73/74 [Order attached]

GST – Punjab & Haryana High Court: Rule 86A(3) provides restriction to block credit ledger automatically ceases after one year, and thus continuing to beyond that is without jurisdiction [Order attached]

GST – Allahabad High Court: Confiscation under Section 130 invalid in case of excess stock found; Proceedings must be under Sections 73/74 [Order attached]

GST – Allahabad High Court: No penalty under Section 129(3) for technical lapse from non-filling of Part B of the e-way bill [Order attached]

GST - West Bengal AAR – Construction of “Service Apartments” approved as Commercial by Municipal Authority cannot be treated as Residential Project under GST; Not exempt [Order attached]

GST – Madras High Court: Rectification application, when filed by the assessee, cannot be rejected without assigning reasons or examining the apparent error – Writ petition allowed [Order attached]

GST - West Bengal AAR – Cotton seed de-oiled cake is exempt regardless of its end-use or supply channel; Being exempt ITC on its inputs or procurement is not available under Section 17(2) [Order attached]

GST – AAR Andhra Pradesh: Maintenance of Flow Meters for Recycled Water is taxable @18%, and supply of recycled water is exempt [Order attached]

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]

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