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 – Kerala High Court: Denial of Input Tax Credit due to the late filing of GSTR-3B without considering extension of the deadline under Section 16(5) is legally unsustainable – Writ petition allowed [Order attached]

GST - Telangana High Court: Notification extending time limit issued under Section 168A can impact the tax payer for the purpose of conclusion of proceedings as per conjoint reading of Section 73(10) and 75(10) of the GS...

GST – Orissa High Court: Increase in the amount of interest by the rectification Order without prior notice of hearing is not valid - The concept of aggregate demand remaining same is not supported by the provision – Wri...

GST - AAAR Karnataka: Additional surcharge collected by the appellant should form part of the taxable value collected towards supply and distribution of electricity and accordingly exempt from payment of GST [Order atta...

GST – Gujarat High Court: Assignment of leasehold rights and interest in land is not liable to GST as it constitutes transfer of Immovable Property – Writ Petition allowed [Order attached]

GST – Andra Pradesh High Court: Solar module and Solar Power Generating System would not answer the description of immoveable property as it have not been attached to the civil structure - Taxable as composite supply 5%...

GST – Madras High Court: Service of Notices Solely through GST Portal Violates Natural Justice - Section 169 mandates a notice in person or by registered post or to the registered e-mail ID alternatively and on a failure...

GST – Delhi High Court: GST cannot be imposed on fees collected for regulatory functions since the regulatory commissions perform statutory duties, which do not fall under the definition of business or supply – Writ peti...

GST - CBIC issued Circular to clarify ECOs who are required to pay tax under section 9(5) are not required to reverse ITC in respect of supply of restaurant services through their platform [Circular attached]

GST - Clarification issued on availability of input tax credit in respect of goods which have been delivered by the supplier at his place of business under Ex-Works Contract [Circular attached]

GST - Allahabad High Court: Once the petitioner being the owner of the goods, approached the authorities, they were required to consider him the owner of the goods - No justification in considering driver as owner of the...

GST – Himachal Pradesh High Court: Late fee of filing GSTR-9 and 9C shall be waived off since it would be unjust to deny the benefit merely because the petitioner filed the return prior to the issuance of the Notificatio...

GST – Jharkhand High Court: Delay of almost 17 months in filing the appeal which is admittedly beyond the period of three months for filing appeal and no reasons of delay being assigned – Writ Petition dismissed [Orde...

GST – Calcutta High Court: Negligence of the petitioner’s tax consultant - Held that statutory provisions on limitation should be interpreted liberally in cases where genuine hardships are demonstrated, Appellate Author...

GST – Orissa High Court: Penalty Order passed following detention of vehicle beyond 7 days (served on 8th day) does not meet the requirement under sub-section (3) of section 129 - No penalty leviable – Writ Petition allo...

GST – Madhya Pradesh High Court: Allowing a taxpayer to file returns with payment of late fees and then disallow him the ITC, because the return was filed belatedly, is punishing him twice for a single default - ITC allo...

GST – Patna High Court: ITC allowed on delayed GSTR-3B filed in the year 2020 for the assessment year 2018-19 as per the recent issued Circular – Writ petition allowed [Order attached]

GST – New Delhi High Court: Export proceeds realised in Indian Rupees - Held that Circular enable the exporter to receive remittances from duly verified Vostro accounts – Writ petition allowed [Order attached]

GST – New Delhi High Court: Revenue cannot issue show cause notice and finalize an order against Amalgamating Company which is non-existent company – Writ petition allowed [Order attached]

GST – Gujarat High Court: No levy of IGST on ocean freight - Refund application was filed after the Notification finally struck down in the year 2022 and thus is not time barred – Writ petition allowed [Order attached]

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