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 – Madras High Court: ITC claims for FYs 2017–18 to 2020–21 are valid if GSTR-3B was filed by 30.11.2021, owing to the retrospective amendment via Section 16(5) – Petition allowed [Order attached]

GST – Kerala High Court: Confiscation without proper notice to the registered owner is void, as WhatsApp service is not legally valid [Order attached]

GST – Kerala High Court: Taxpayer's appeal rights cannot be denied due to GST portal issues; if timely filing is hindered by technical glitches despite due diligence, appeals must be heard on merits – Writ petition dispo...

GST – Gujarat High Court: GST orders uploaded via officer login are deemed digitally signed; lack of visible signature on the PDF does not affect their validity [Order attached]

GST – Gauhati High Court: Form DRC-01 cannot substitute a proper SCN under Section 73(1); Orders without due notice and hearing violate natural justice and are legally invalid [Order attached]

GST – Calcutta High Court: Although the officer fulfilled his duty, the right to refile refund application accrues only when the deficiencies are electronically communicated - Petitioner cannot be suffer without being ma...

GST – Calcutta High Court: ITC denied due to filing of GSTR-3B beyond the statutory timeline; Supreme Court's Order on extension of limitation not applicable - Petition dismissed [Order attached]

GST – Himachal Pradesh High Court: ITC reversed “under protest” does not imply admission of tax liability by the assessee [Order attached]

GST – Patna High Court: Subject to pre-deposit of 10%, petitioner is granted statutory benefit of stay on recovery proceedings, in absence of GSTAT [Order attached]

GST – Calcutta High Court: Central Authority not permitted to proceed simultaneously with regard to the period for which the State has been proceeding [Order attached]

GST – Jharkhand High Court: ITC denial due to supplier's default - Held that authorities cannot evade action citing supplier's registration was Central; They are duty-bound to act under Section 76(2) – Petition allowed [...

GST – Kerala High Court: Rectification application via email is valid if submitted within the statutory time, even though delayed filed through GST portal– Writ petition disposed of [Order attached]

GST – Sikkim High Court: While Section 54(3) limits refund of unutilized ITC, it does not expressly bar refund on account of unit closure - Tax retention without legal authority is impermissible [Order attached]

GST – Himachal Pradesh High Court: Parallel GST investigations by both Center and State not permissible; Central authority to proceed, State may only assist not initiate [Order attached]

GST – Clarification issued regarding review, revision, and appeals against O-I-Os passed by the Common Adjudicating Authority (CAA) for show cause notices issued by DGGI [Circular attached]

GST – Madras High Court: Service of notice through portal alone may be insufficient if not effectively received, alternate statutory modes preferably by way of RPAD should be used [Order attached]

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...

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