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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...
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GST Portal Updates, ITC Tools, and e-Invoice Access
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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...
GST – Allahabad High Court: Demand may exceed SCN summary if specific discrepancies are raised and the taxpayer fails to clarify or submit documents – Petition dismissed [Order attached]
GST – Allahabad High Court: Final demand exceeding SCN is invalid; taxpayer's silence doesn’t justify bypassing statutory safeguards – Petition allowed [Order attached]
GST – Allahabad High Court: If stock is not accounted in the books of account, then proceedings would be initiated u/s 73/74, and not Section 130 – Petition allowed [Order attached]
GST – Jharkhand High Court: All notices/orders must be digitally signed; non-compliance renders such actions void – Petition allowed [Order attached]
GST – Calcutta High Court: PPSB bed sheets made from non-woven fabric are classifiable under HSN 63041930 @ 5% GST, not 12% - Petitioner entitled to refund [Order attached]
GST – Delhi High Court: Rectification allowed under Section 161 since the impugned order was passed without considering the reply filed – Petition allowed [Order attached]
GST – Delhi High Court: Uploading SCNs under obscure tabs like “Additional Notices” is insufficient – The absence of a personal hearing and an opportunity to reply renders adjudication orders unsustainable [Order attache...
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