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

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Calcutta High Court - Narayana Hrudayalaya secured a stay on GST recovery for inpatient medicines, w... Orissa High Court - Due to interest demand wrongly classified as "Tax" in the Order, taxpayer cannot... Allahabad High Court - Demand order cannot confirm tax and penalty demand higher than what was propo... Uttarakhand High Court - Genuine typographical error in GST Invoice ["32" instead of "32/(2023-24)"]...

GST

Delhi High Court – GST demand based on total turnover held unsustainable; Pre-deposit to be restricted to tax on disputed classification of combo battery packs [Order attached]

GST – Bombay High Court: Transfer of CGST credit to transferee entity allowed irrespective of intra State or inter State supply [Order attached]

GST – Allahabad High Court: Expiry of e-way bill due to vehicle breakdown is not tax evasion; Seizure and penalty quashed [Order attached]

GST – Allahabad High Court: Since goods and invoices were genuine and ownership undisputed, penalty limited to tax payable under Section 129(1)(a), not double under 129(1)(b) [Order attached]

GST - Allahabad High Court – DGCA-approved flight training courses are exempt from GST [Order attached]

GST – Gujarat High Court: Recovery (including interest) must be preceded by an intimation in Form GST DRC-01D, advisory or demand letters are not valid recovery notices [Order attached]

GST – Orissa High Court: Parallel proceedings by State and Central Authorities barred under Section 6(2)(b); Central order quashed [Order attached]

GST – Chhattisgarh High Court: ITC not available on electricity supplied to township being lack of direct nexus with business; ITC reversal required on sale of duty credit scrips being amendment to Rule 43 is prospective...

GST - Gujarat High Court: Deposit in electronic cash ledger is a valid payment to Government - Application for cancellation of bail dismissed [Order attached]

Tamil Nadu AAAR – ITC cannot be claimed on IGST paid through TR-6 challans even when linked to SVB assessments; Not a substitute for Bill of Entry [Order attached]

GST – Punjab & Haryana High Court: Power to arrest and prosecute is ancillary to the power to levy and collect tax, however arrest allowed only basis recorded reasons to believe, not mere suspicion - Challenge to validit...

GST – Andhra Pradesh High Court: Assessment order without issuing a pre-show cause notice under Rule 142(1A) is invalid [Order attached]

GST - Allahabad High Court: Demand including interest and penalty cannot exceed the amount specified in the show cause notice [Order attached]

Chhattisgarh High Court – Recovery from electronic credit ledger valid under Section 79 when tax not paid within due period; Subsequent rectification plea and appeal does not invalidate the earlier recovery [Order attach...

GST - Allahabad High Court: Adjudicating authority erred by not issuing a new notice after the lapse of the scheduled date; personal hearing demanded by a noticee must be granted [Order attached]

GST – Delhi High Court: Department cannot be faulted as three hearing opportunities were given; however, since the notice was not uploaded on the portal, a fresh hearing is granted [Order attached]

GST – Gujarat High Court: Amount deposited in electronic cash ledger is deemed paid to Government; Non-filing of DRC-03 did not negate payment or indicate mala fides [Order attached]

GST – Gujarat AAR: ITC on IGST paid for imports valid even if payment to foreign supplier delayed beyond 180 days [Order attached]

J&K High Court – Cross empowerment under Section 6 is automatic, Officers appointed under State GST Acts are deemed proper officers under CGST Act; Section 74 does not prohibit a single composite SCN covering multiple fi...

GST - Kerala High Court: Denial of transitional ITC on account of technical error impermissible - Directed to reopen the portal or permit manual filing [Order attached]

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