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 – 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]

GST - Gujarat High Court: Interest on delayed GST refund is payable even for system glitch - Interest is mandatory and payable once the refund is sanctioned beyond 60 days, regardless of the reason for delay [Order attac...

GST – Gujarat High Court: Refund of IGST on ocean freight cannot be denied on grounds of limitation, directed refund [Order attached]

Andhra Pradesh High Court: Assessment without signature and mandatory pre-assessment notice cannot be rectified under Sections 160 or 169 - Held invalid [Order attached]

Andhra Pradesh High Court: Refund of wrongly paid tax by recipient on exempt residential dwelling services charged by landlord cannot be rejected on grounds of limitation [Order attached]

GST - Orissa High Court: Raising demand against the wrong GSTIN vitiates the proceedings, as the very foundation of the order is incorrect [Order attached]

GST - Allahabad High Court: ITC cannot be denied where purchases were genuine, tax paid, and supplier was registered at the time of transaction; proceedings under Section 74 quashed [Order attached]

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