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 – Gujarat High Court: Assignment of leasehold rights of industrial plots for consideration is treated as a transfer of immovable property and not a taxable “supply of service” under GST [Order attached]

GST – Gujarat High Court: Assignment of leasehold rights of industrial plots amounts to a transfer of immovable property, not a supply of service [Order attached]

GST – Calcutta High Court: Declaring a registered supplier as an unregistered person in the e-way bill is not a mere irregularity but is a case of mensrea [Order attached]

GST – Delhi High Court: Despite delay, petitioner allowed to reply to audit findings and seek hearing due to high demand quantum [Order attached]

GST – Calcutta High Court: Ex-parte order has been passed after petitioner skipped multiple hearing opportunities; Directed to avail appeal remedy [Order attached]

GST – Andhra Pradesh High Court: Assessment order without DIN and signature are invalid; Directed for fresh adjudication [Order attached]

GST – Allahabad High Court: Demand raised beyond the SCN amount violates Section 75(7) and is liable to be set aside [Order attached]

GST – Bombay High Court: Provisional attachment requires valid reasons and evidence — Mere initiation of proceedings under Section 67 isn't enough [Order attached]

GST – Andhra Pradesh High Court: Assessment order without DIN is invalid and non-est in law [Order attached]

GST – Bombay High Court: EOUs aren’t automatically denied IGST refunds under Rule 96(10); refund can’t be withheld without evidence of double benefit [Order attached]

GST – Gujarat High Court: Export remittance received under an RBI-approved net-off mechanism is admissible – High Court directs to grant export benefits [Order attached]

GST – Andhra Pradesh High: GST – Andhra Pradesh High: Detention of goods in transit – The Department cannot introduce additional reasons after the impugned order has already been issued [Order attached]

GST – Delhi High Court: Uploading GST orders on less visible sections of "Additional Notices" without proper notice denies taxpayers a fair hearing and violates natural justice [Order attached]

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]

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