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

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GST News - Advisory issued regarding difficulty in filing appeals on the GST portal in cases where a... Karnataka High Court: Section 54 limitation is mandatory, but present genuine delayed refund claim c... Bombay High Court: Vouchers are merely instruments creating obligation to accept payment, and hence... AAR Tamil Nadu - Supply of medicines to inpatients is exempt as part of composite healthcare service...

GST

GST – Allahabad High Court: Merely on technical ground that in the e-way bill, the place of shipment has wrongly been mentioned, the seizure or levy of penalty cannot be made – Writ Petition allowed [Order attached]

GST – Madras High Court: Transportation of gold jeweleries without e-way bill for displaying it to the customers are found to be transported only with the intention of evading the payment of tax by misusing the provision...

GST – Karnataka High Court: Order clubbed together of multiple financial years 2019-20 to 2023-24 in a single demand is impermissible as specific action must be completed within the relevant year – Writ Petition allowed...

GST – Allahabad High Court: Once Revisionary authority entered into merits of the matter under Section 108, he could not have observed that revision was not maintainable on the ground that there was a provision of appeal...

GST – Madras High Court: Tax payment by taking voluntary registration pursuant to Department inspection cannot absolve the petitioner from penal consequences - Penalty upheld - Writ Petition dismissed [Order attached]

GST – Kerala High Court: Denial of Input Tax Credit due to the late filing of GSTR-3B without considering extension of the deadline under Section 16(5) is legally unsustainable – Writ petition allowed [Order attached]

GST - Telangana High Court: Notification extending time limit issued under Section 168A can impact the tax payer for the purpose of conclusion of proceedings as per conjoint reading of Section 73(10) and 75(10) of the GS...

GST – Orissa High Court: Increase in the amount of interest by the rectification Order without prior notice of hearing is not valid - The concept of aggregate demand remaining same is not supported by the provision – Wri...

GST - AAAR Karnataka: Additional surcharge collected by the appellant should form part of the taxable value collected towards supply and distribution of electricity and accordingly exempt from payment of GST [Order atta...

GST – Gujarat High Court: Assignment of leasehold rights and interest in land is not liable to GST as it constitutes transfer of Immovable Property – Writ Petition allowed [Order attached]

GST – Andra Pradesh High Court: Solar module and Solar Power Generating System would not answer the description of immoveable property as it have not been attached to the civil structure - Taxable as composite supply 5%...

GST – Madras High Court: Service of Notices Solely through GST Portal Violates Natural Justice - Section 169 mandates a notice in person or by registered post or to the registered e-mail ID alternatively and on a failure...

GST – Delhi High Court: GST cannot be imposed on fees collected for regulatory functions since the regulatory commissions perform statutory duties, which do not fall under the definition of business or supply – Writ peti...

GST - CBIC issued Circular to clarify ECOs who are required to pay tax under section 9(5) are not required to reverse ITC in respect of supply of restaurant services through their platform [Circular attached]

GST - Clarification issued on availability of input tax credit in respect of goods which have been delivered by the supplier at his place of business under Ex-Works Contract [Circular attached]

GST - Allahabad High Court: Once the petitioner being the owner of the goods, approached the authorities, they were required to consider him the owner of the goods - No justification in considering driver as owner of the...

GST – Himachal Pradesh High Court: Late fee of filing GSTR-9 and 9C shall be waived off since it would be unjust to deny the benefit merely because the petitioner filed the return prior to the issuance of the Notificatio...

GST – Jharkhand High Court: Delay of almost 17 months in filing the appeal which is admittedly beyond the period of three months for filing appeal and no reasons of delay being assigned – Writ Petition dismissed [Orde...

GST – Calcutta High Court: Negligence of the petitioner’s tax consultant - Held that statutory provisions on limitation should be interpreted liberally in cases where genuine hardships are demonstrated, Appellate Author...

GST – Orissa High Court: Penalty Order passed following detention of vehicle beyond 7 days (served on 8th day) does not meet the requirement under sub-section (3) of section 129 - No penalty leviable – Writ Petition allo...

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