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

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Delhi High Court - Limitation is determined by the dates of the substantive SCN and adjudication ord... Allahabad High Court - Central CGST authority had initiated proceedings first, the subsequent State... Madras High Court - Assessment order set aside for improper service of notices, as uploading notice... Gujarat AAR - Rice Husk Board is a fibre board under HSN 4411, not a particle board; Attracts GST @1...

GST

GST – Karnataka High Court: No GST on salaries of seconded expats, as a genuine employer-employee relationship exists; covered under Schedule III of the CGST Act [Order attached]

GST – Madras High Court: Single SCN issued for clubbing multiple financial years violates GST law [order attached]

GST – Madras High Court: “Bunching” of Show cause notice for multiple financial years is impermissible under GST Act [order attached]

GST – Orissa High Court: Petitioner being aware of assessment order, allowed for waiver under Section 128A, subject to tax payment [order attached]

GST – Gauhati High Court: Summary SCN cannot substitute the requirement of statutory show cause notice notice under Section 73, Order liable to set aside [order attached]

GST – Allahabad High Court: Typographical error in e-way bill without any evidence of intention to evade tax cannot lead to imposition of penalty [order attached]

GST – Bombay High Court: Provisional attachment ceases to have effect after one year; no further action sustainable [Order attached]

GST – Allahabad High Court: Address in GST registration must be amended before goods movement, post-detention changes don’t cure prior non-compliance under strict Section 129 - Penalty upheld [Order attached]

GST – Bombay High Court at Goa: Post amalgamation, transfer of CGST and IGST credit to another State is permissible, as there is no restriction under the GST law [Order attached]

GST – Madras High Court: When there is no rectification, there is no question of invoking the principles of natural justice - Hearing is not mandatory before dismissing rectification application [Order attached]

GST – Madras High Court: Delay condoned of 10 days in filing Appeal and directed to refund the GST recovered from bank account of the Petitioner [Order attached]

GST – Madras High Court: When taxpayer does not respond, uploading notices only on GST portal is insufficient, authorities must explore other prescribed modes of service [Order attached]

GST – Madras High Court: Without reasonings as to why there is no error apparent on the face of the record, rejection of rectification application violates Section 161 [Order attached]

GST – High Court of Jharkhand: Failure to upload DRC-07 on the same day as intimated over email led to breach of natural justice due to non-supply of the order [Order attached]

GST – High Court of Jharkhand: Show Cause Notice without Digital Signature is invalid [Order attached]

GST – Madras High Court: Show Cause Notice issued on ITC mismatch due to absence of supplier’s CA certificate, is invalid, in case taxpayer's own CA certifies the transaction [Order attached]

GST – Allahabad High Court: Penalty under Section 129 not leviable during transit solely for misclassification, where the value of goods and e-way bill documents is undisputed [Order attached]

GST – AAR Gujarat: No GST leviable on interest and arbitration cost awarded under GST regime for pre-GST contract period [Order attached]

GST – Bombay High Court: Recovery notice cannot be directly issued to a third-party bank without serving or hearing the taxpayer [Order attached]

GST – Allahabad High Court: Proceedings conducted in the name of a deceased person are void ab initio; Notice must be issued to legal representative [Order attached]

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