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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...

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GST

GST - Andhra Pradesh High Court: Since SCN lacked DIN, Order of GST registration cancellation is set aside [Order attached]
GST - Orissa High Court: Writ petitions must be filed within a reasonable time; unexplained delay (11 months here) amounts to laches, barring relief [Order attached]
GST - Allahabad High Court: Silver coin purchased in niece wedding was basis a valid tax invoice; Directed officer to release the goods [Order attached]
GST - Delhi High Court: Refund cannot be denied merely for delayed LUT filing, since the LUT was submitted before the first export, even though the refund related to an earlier tax period [Order attached]
GST - Chhattisgarh High Court: Recovery of demand stayed subject to filing of undertaking to file appeal before GSTAT as well as after paying pre-deposit, as per the Circular [Order attached]
GST - Patna High Court: Since the petitioner has accepted wrong availment of transitional credit, the grievance of No personal hearing scheduled, and notice was uploaded under ‘Additional Notices’ is of no significance....
GST - Allahabad High Court: Service of GST order by registered e-mail is valid under Section 169; Appeal dismissed being time-barred [Order attached]
GST - Orissa High Court: Authorities not allowed to re-demand for a period which is already adjudicated - Quashed overlapping GST Demand to Prevent Double Taxation while allowed rest of the assessment [Order attached]
GST - Supreme Court of India: Statutory bar prevents parallel adjudication on the same subject matter but does not prohibit parallel investigation or intelligence-based enforcement by cross-empowered authorities - Even i...
GST - Bombay High Court (Goa Bench) : 9% interest payable if refund is delayed beyond 60 days, from date of application filed pursuant to order from appellate authority [Order attached]
GST – Gujarat High court: Failure to deliver goods meant for exports, within the e-way bill validity attracts only a general penalty of Rs. 25000/-, not 200% of the tax payable [Order attached]
GST - Supreme Court affirmed Gujarat HC ruling allowing petitioners to include input services as part of the formula for refund application filed prior to 05.07.2022 - Amended Rule 89(5) refund formula under inverted dut...
GST - Allahabad High Court: Once the Corporate Insolvency Resolution Plan has been approved by NCLT, G.S.T. Department cannot create further dues by way of passing orders [Order attached]
GST - Allahabad High Court: Movement of goods without E-way - Penalty Order modified to be raised under Section 129(1)(a), not under 129(1)(b) [Order attached]
GST - Delhi High Court: Not uploading full SCN and RUDs on the portal is an error on the part of the Department - Matter remanded for fresh hearing [Order attached]
GST - Supreme Court upheld Delhi High Court’s ruling that telecom towers are movable property, not immovable under Section 17(5)(d) making denial of ITC unsustainable [Order attached]
GST - Gujarat High Court: ITC reversal under Section 17(5)(h) not to apply when expired drugs were already sold with tax paid [Order attached]
GST – Calcutta High Court: Mere expiry of e-way bill without intent to evade tax, especially within 24 hours, does not justify a 200% penalty; Authorities must assess all facts, and only a notional penalty may be warrant...
GST – Allahabad High Court: GST demand against a deceased person is void without issuing notice to the legal heir; Determination must be made against the legal representative after issuing notice [order attached]
GST – Punjab & Haryana High Court: Bail cannot be denied merely because investigation is pending against a co-accused, especially when evidence is documentary and already secured [Order attached]
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