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

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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...

GST

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]

GST – Madras High Court: Portal notices alone are invalid service, if taxpayer does not respond, Authorities must explore alternate modes of communication, like RPAD [Order attached]

GST – Allahabad High Court: ITC involving issues of fake suppliers or no actual supply squarely falls under Section 74 of the CGST Act [Order attached]

GST – Madras High Court: Delay of 37 days in filing appeal is condoned being reason satisfactorily explained [order attached]

GST – Madras High Court: Rectification application cannot be rejected without assigning reasons or examining the apparent error [Order attached]

GST – Allahabad High Court: SCN upload on GST portal post cancellation is not a valid service; alternative modes must be adopted [order attached]

GST – Bombay High Court: Transitional credit cannot be denied for manual filing of excise returns, due to limitation of e-filing post-GST [order attached]

GST – Gujarat High Court: Directed revenue to consider documents submitted post-refund rejection, if it proves import of capital goods was under EPCG, which are exempt from Rule 96(10) restrictions [Order attached]

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