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

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GST

GST – Madras High Court: Delay condoned of 285 days in filing the appeal against the summary order, being assessee unaware of the Order [Order attached]

GST – Madras High Court: Even though Supreme Court's contrary stance on delayed writ petitions, this Courts in special cases have allowed appeals in similar cases, even after the limitation period – Petition allowed [Ord...

GST – Madras High Court: Assessee being unaware of the issuance of Order on the GST portal, delay condoned of 72 days in filing the appeal [Order attached]

GST – Orissa High Court: Once an appeal is admitted and heard on merits, it cannot be dismissed for non-payment of pre-deposit — Petitioner directed to comply with pre-deposit requirement - Petition allowed [Order attach...

GST – Allahabad High Court: Demand may exceed SCN summary if specific discrepancies are raised and the taxpayer fails to clarify or submit documents – Petition dismissed [Order attached]

GST – Allahabad High Court: Final demand exceeding SCN is invalid; taxpayer's silence doesn’t justify bypassing statutory safeguards – Petition allowed [Order attached]

GST – Allahabad High Court: If stock is not accounted in the books of account, then proceedings would be initiated u/s 73/74, and not Section 130 – Petition allowed [Order attached]

GST – Jharkhand High Court: All notices/orders must be digitally signed; non-compliance renders such actions void – Petition allowed [Order attached]

GST – Calcutta High Court: PPSB bed sheets made from non-woven fabric are classifiable under HSN 63041930 @ 5% GST, not 12% - Petitioner entitled to refund [Order attached]

GST – Delhi High Court: Rectification allowed under Section 161 since the impugned order was passed without considering the reply filed – Petition allowed [Order attached]

GST – Delhi High Court: Uploading SCNs under obscure tabs like “Additional Notices” is insufficient – The absence of a personal hearing and an opportunity to reply renders adjudication orders unsustainable [Order attache...

GST – Delhi High Court: Issue of notices uploaded under “Additional Notices” tab - Held that authorities must ensure real notice and communication- Even in tax adjudications, opportunity to file a reply and avail a heari...

GST – Delhi High Court: Since reply has been considered, a personal hearing was granted and the impugned order is an appealable order, Courts may not interfere, even if the outcome is adverse – Petition dismissed [Order...

GST – Calcutta High Court: Refunds allowed of unutilized ITC in case of business is closed and registration is cancelled – Petition allowed [Order attached]

GST – Patna High Court: Since return was filed within timelines provided under Section 62(2), thus assessment order is nullified, and any subsequent recovery is void – Petition allowed [Order attached]

GST – Himachal Pradesh High Court: Validity of Circular 80/54/2018 with respect to classification of polypropylene woven and non-woven bags to attain finality post Supreme Court's final adjudication [Order attached]

GST – Delhi High Court: Uploading SCNs under obscure tabs like “Additional Notices” is insufficient - Authorities must ensure real notice and communication – Writ petition allowed [Order attached]

GST – Allahabad High Court: Mere e-mode issuance of show cause notice does not suffice if the taxpayer no longer has an active registration - Physical service of notice is essential when digital access is no longer viabl...

GST – Allahabad High Court: Filing of a certified copy is procedural, not mandatory - Technical lapses like delay in submitting certified copies should not invalidate an appeal if it was otherwise filed within time – Wri...

GST – Allahabad High Court: It is incumbent to grant an opportunity of personal hearing even if the same is not asked for as per Section 75(4) – Writ petition allowed [Order attached]

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