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 – Madhya Pradesh High Court: Allowing a taxpayer to file returns with payment of late fees and then disallow him the ITC, because the return was filed belatedly, is punishing him twice for a single default - ITC allo...

GST – Patna High Court: ITC allowed on delayed GSTR-3B filed in the year 2020 for the assessment year 2018-19 as per the recent issued Circular – Writ petition allowed [Order attached]

GST – New Delhi High Court: Export proceeds realised in Indian Rupees - Held that Circular enable the exporter to receive remittances from duly verified Vostro accounts – Writ petition allowed [Order attached]

GST – New Delhi High Court: Revenue cannot issue show cause notice and finalize an order against Amalgamating Company which is non-existent company – Writ petition allowed [Order attached]

GST – Gujarat High Court: No levy of IGST on ocean freight - Refund application was filed after the Notification finally struck down in the year 2022 and thus is not time barred – Writ petition allowed [Order attached]

GST – Karnataka High Court: Authorities cannot pass an order to SCN without providing an opportunity of hearing when a written request for such hearing is made– Writ petition allowed [Order attached]

GST – Karnataka High Court: Without providing any cogent reasons for blocking Electronic credit ledger, the impugned order deserves to be quashed – Writ petition allowed [Order attached]

GST – Punjab and Haryana High Court: Input Tax Credit can be availed on demo vehicles, which are motor vehicles for transportation of passengers having approved seating capacity of not more than 13 persons – Writ petitio...

GST – Allahabad High Court: It is mandatory to afford opportunity of personal hearing before passing an adverse order, even when assessee may have signified 'No' in the column of choice to avail personal hearing – Writ p...

GST – Allahabad High Court: Delay in filing appeal cannot be condoned beyond the prescribed period of limitation in the Act – Writ petition dismissed [Order attached]

GST – Himachal Pradesh High Court: Cancellation of GST Registration cannot be imposed merely on violation of Rule 86B for short paying tax in cash – Writ petition allowed [Order attached]

GST – Allahabad High Court: Uploading an order on the GST portal does not constitute proper communication to the taxpayer – The order can be said to be communicated only when it is known - Appeal not time barred [Order...

GST – New Delhi High Court: GST liability on reinsurance services specified in the notification is regularized for the period from 01.07.2017 to 24.01.2018 on "as is where is‟ basis – Writ petition allowed [Order attache...

GST – Karnataka High Court: Order invoking Section 86A by blocking of electronic credit ledger does not contain independent or cogent reasons to believe except by placing reliance upon the reports of Enforcement authorit...

GST – Karnataka High Court: The GST Council having recommended the extension of period of limitation from September 2023 to December 2023 to issue the Order, the same having been accepted by the Government of India, cann...

GST – Supreme Court: If construction of a building was essential for carrying out the activity of supplying services, such as renting or giving on lease, the building could be held to be a plant - Then, ITC is not disal...

GST – Madras High Court: Since Appeal is filed in 14 days after the limitation expired, the delay is only a marginal delay, though beyond the statutory period of limitation – Petition allowed [Order attached]

GST – Madras High Court: Sections 73(1) and 74(1) stand attracted only where credit is not only availed but also utilised - Since petitioner has availed ineligible ITC, which could have resulted in wrong utilization, a t...

GST – Delhi High Court: ITC cannot be rejected without examining the reconciliation statement - Under GST, Appellate authority cannot remand the matter back to adjudicating authority – Petition allowed [Order attached]

GST – Karnataka High Court: Where an assessment encompasses different assessment years, each assessment order can be distinctly separated and must be treated independently - Consolidated SCN cannot be issued for multipl...

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