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

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Calcutta High Court - Narayana Hrudayalaya secured a stay on GST recovery for inpatient medicines, w... Orissa High Court - Due to interest demand wrongly classified as "Tax" in the Order, taxpayer cannot... Allahabad High Court - Demand order cannot confirm tax and penalty demand higher than what was propo... Uttarakhand High Court - Genuine typographical error in GST Invoice ["32" instead of "32/(2023-24)"]...

GST

GST – Delhi High Court: Service of SCNs only through “Additional Notices & Orders” tab is not sufficient if it fails to give the taxpayer actual notice - Writ petition allowed [Order attached]

GST – Delhi High Court: Provision merely contemplates that the maximum adjournments shall be given for three times but does not in effect mean that three hearings have to be given - Late receipt of hearing notice is also...

GST – Gauhati High Court: Speaking orders with reasons are mandatory when cancelling GST registration, especially when it leads to serious civil consequences – matter reverted back to Show Cause Notice in FORM GST REG-17...

GST – Circular issued clarifying DIN is not mandatory on communication issued by the CBIC officers incase document bears Reference Number (RFN) [Circular attached]

GST – Calcutta High Court: SCN adjudicated without opportunity for hearing or submission of written reply – Held that Petitioner has an adequate remedy under Section 107 to file appeal; hence, writ petition not maintaina...

GST - Calcutta High Court: Appellate authority has erred in rejecting appeal on limitation; delay condoned beyond extended period of 1 month citing bona fides and binding precedent [Order attached]

GST – Delhi High Court: Appellate authorities have no power to condone delay beyond the prescribed extended period; appeal filed beyond the additional 1-month limit held time-barred – Strict adherence to limitation under...

GST – Calcutta High Court: Adjudicating authority referenced assessee’s reply to final audit report (GST ADT-02) under Section 65(6) but failed to consider it – Directed to reissue SCN [Order attached]

GST – Gujarat High Court: Para 2 of the Circular No. 181/13/2022-GST being discriminatory as well as ultra-vires to Section 54 of the GST Act is stuck down to the extent it restricts filing refund of inverted duty struct...

GST – Allahabad High Court: Being a human error in mentioning place of dispatch in the E-way bill wrongly as Ghaziabad in place of New Delhi, evasion of payment of tax cannot be justified - Writ Petition allowed [Order a...

GST – Andhra Pradesh High Court: Order without DIN number is non-est and invalid – Writ Petition allowed [Order attached]

GST – Allahabad High Court: Mismatch between the tax invoice number and the number mentioned in the e-way bill cannot be regarded as to intention to evade payment of tax as there aren’t any other mismatch relating to qua...

GST – Kerala High Court: Matter of notice uploaded under the tab ‘Additional Notices and Orders’ – Held that there was neither any proper service of notice nor was sufficient opportunity granted to the petitioner to cont...

GST – Gauhati High Court: Rule 36(4) is constitutionally valid as it derives its power from Section 16 of the CGST Act and not from Section 43A – Writ Petition dismissed [Order attached]

GST – Calcutta High Court: Statutory authorities are not absolutely barred from condoning delays beyond one month from the prescribed period, as the petitioner has been able to sufficiently explain the delay in filing th...

GST – Allahabad High Court: Merely on technical ground that in the e-way bill, the place of shipment has wrongly been mentioned, the seizure or levy of penalty cannot be made – Writ Petition allowed [Order attached]

GST – Madras High Court: Transportation of gold jeweleries without e-way bill for displaying it to the customers are found to be transported only with the intention of evading the payment of tax by misusing the provision...

GST – Karnataka High Court: Order clubbed together of multiple financial years 2019-20 to 2023-24 in a single demand is impermissible as specific action must be completed within the relevant year – Writ Petition allowed...

GST – Allahabad High Court: Once Revisionary authority entered into merits of the matter under Section 108, he could not have observed that revision was not maintainable on the ground that there was a provision of appeal...

GST – Madras High Court: Tax payment by taking voluntary registration pursuant to Department inspection cannot absolve the petitioner from penal consequences - Penalty upheld - Writ Petition dismissed [Order attached]

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